Peter J. Doucet

The defendant brought a motion seeking directions to allow its counsel to cross-examine the plaintiff's principal on an affidavit filed in a pending motion to remove the counsel of record.

The plaintiff opposed, arguing that the defendant's counsel previously represented the principal in matrimonial proceedings and possessed confidential financial information relevant to the current construction lien action.

The court applied the conflict of interest test from MacDonald Estate v. Martin and concluded that a reasonably informed person would be concerned about the potential misuse of confidential information.

The court prohibited the counsel from conducting or assisting with the cross-examination and denied the defendant's request to appoint a case management judge.

The plaintiff sued the OPP and an investigating officer for negligent investigation and Charter breaches after being investigated for allegedly defrauding an elderly woman and the Ontario Disability Support Program.

The police concluded there were no grounds for criminal charges but shared information with other agencies.

The defendants moved for summary judgment.

The court granted the motion and dismissed the action, finding the investigation met the standard of a reasonable police officer and the plaintiff failed to prove any compensable damages or genuine issue requiring a trial.