The plaintiffs in two medical malpractice actions against a hospital and nurses retained an expert witness who had previously been employed by the hospital and had received confidential solicitor-client information regarding the defence of the actions.
The hospital successfully moved to have the plaintiffs' counsel removed from the record.
The plaintiffs appealed.
The Court of Appeal dismissed the appeal, holding that the presumption that confidential information was imparted to the plaintiffs' counsel had not been rebutted, and that removal of counsel was the only appropriate remedy to protect the integrity of the administration of justice.
