The defendant, Breakaway Painting, brought a motion to disqualify the plaintiffs' law firm, McCague Borlack, because a lawyer who previously worked at the firm defending Breakaway had joined McCague Borlack.
The transferring lawyer had been a partner at the previous firm but worked from home and had no involvement in Breakaway's defence.
The court applied the test from MacDonald Estate v. Martin and found that the transferring lawyer rebutted the presumption of having received confidential information.
As the lawyer possessed no actual or imputed confidential information, the new firm was not disqualified.
The motion was dismissed.
