In a family law motion, the respondent sought removal of the applicant's solicitor after the respondent's former counsel joined that solicitor's firm.
Applying the conflict principles from MacDonald Estate and McKercher, the court accepted that an ethical wall had been established but held that the broader concern was whether a reasonably informed member of the public would be satisfied that confidential information would not be used.
In the family law context, where clients disclose highly personal strategic information, the court found that the appearance of conflict remained.
The motion was granted and the solicitor was removed from the record.
Costs of $6,000 were awarded to the moving party.
