The appellant sought to disqualify the respondent's law firm after a junior lawyer, who had actively worked on the appellant's case at her previous firm, joined the respondent's firm.
The Supreme Court of Canada allowed the appeal and disqualified the firm.
The Court established a new, stricter test for conflicts of interest, holding that where a lawyer possesses relevant confidential information and joins an opposing firm, the court will infer that confidences will be shared unless satisfied by clear and convincing evidence that all reasonable measures, such as institutional screening, have been taken to prevent disclosure.
As no such verifiable steps were taken here, the firm was removed from the record.
