The defendants brought a motion to remove the plaintiff’s law firm as solicitors of record on the basis of conflict of interest.
A lawyer associated with the firm had previously been retained by the hospital defendant to assist with workplace conflict mediation and had obtained confidential information while acting in that capacity.
The court found that the lawyer was an associate of the firm and that the hospital was therefore a client of the firm.
Applying the “bright line” rule from R. v. Neil and the principles from MacDonald Estate v. Martin, the court held that a law firm cannot act against a current client in directly adverse litigation absent informed consent.
Because confidential information was obtained and no effective screening measures existed, the firm was disqualified.
