What is the test for establishing that a prior relationship with a solicitor is sufficiently related to the present retainer?
British Columbia, Canada
The following excerpt is from Business Development Bank v. Interline Motor Freight Inc., 2013 BCSC 771 (CanLII):
Given the drastic nature of the remedy, there should be “compelling and cogent evidence which provides a sufficient connectiveness between the partners”. Furthermore, as stated in Moffat v. Wetstein at para. 110: A party does not meet its onus of establishing that the prior relationship is sufficiently related to the present retainer, merely by making a bald assertion that the past relationship has provided the solicitor with access to insurance policies, partnership agreements, and litigation philosophy. At the very least, in order to discharge its onus, the client should describe how the solicitor gained that information, and why it is related to the matter at hand.
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