How has a law firm been found to be a party to a personal injury application?

Yukon, Canada


The following excerpt is from E.A.G. v. D.L.G., 2010 YKSC 24 (CanLII):

Allen J. dismissed the application because the wife was unable to show how the financial information previously provided to the law firm had any relationship to the matter at hand (para. 11). Allen J. concluded at paras. 13 and 14 as follows: 13 In essence, the wife argues that a prior relationship should be sufficient to disqualify the firm because a reasonable member of the public would require it to maintain his or her faith in the integrity of the system. However, before determining what a reasonably informed member of the public might think, I must find that the confidential information is relevant to the matter at hand. On these facts, I do not find the necessary connection of relevance established. 14 In determining the issue, I am required to balance three competing interests: maintaining the high standards of the legal profession and the integrity of the system, not lightly depriving litigants of choice of counsel and allowing for a reasonable amount of mobility in the legal profession as set out in MacDonald Estate v. Martin et al.

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