The plaintiff brought a motion for leave to appeal an order that dismissed its motion to disqualify the defendants' law firm of record.
A lawyer who had worked extensively on the plaintiff's case moved to the defendants' boutique law firm.
The plaintiff argued the ethical wall put in place was insufficient.
The court granted leave to appeal, finding good reason to doubt the correctness of the motion judge's order because he appeared to reverse the onus by treating the matter as a balancing act rather than applying the rebuttable presumption of disqualification.
The court also found the issue of migrating lawyers and confidential information to be of significant importance to the profession and the public.
