Almecon Industries Ltd. v. Nutron Manufacturing Ltd.
T-762-88
Strayer J.
26/4/94
12 pp.
Conflict of interest-Application by defendant to have firm of Burke-Robertson removed as solicitors for plaintiff and prohibiting firm from revealing confidential information obtained from lawyer employed at Burke-Robertson to any new counsel for plaintiff -- Lawyer working at Smart & Biggar became associate with Burke-Robertson; Burke-Robertson acting for Almecon Ltd. in patent infringement action against Nutron and Smart & Biggar acting for Anchortek Ltd. also sued by Almecon for infringement of same patent -- Firm defending Nutron in contact with Smart & Biggar defending Anchortek -- Lawyer from Smart & Biggar, when moved to Burke-Robertson, actively involved on behalf of plaintiff in main action -- In Martin v. Gray, [1990] 3 S.C.R. 1235, to determine presence of disqualifying conflict of interest, test whether reasonably informed person would be satisfied no use of confidential information would occur -- Whether lawyer received confidential information attributable to solicitor-client relationship and relevant to action against Nutron -- Once shown previous relationship sufficiently related to retainer from which sought to remove solicitor, presumption confidential information attributable to solicitor-client relationship between them -- "Reasonably informed person" knowing of history of litigation would assume through conversations, incidental information and opinions would have been transmitted between two law firms engaged in defence of two defendants in similar litigation brought by same plaintiff involving validity of same patent -- Legal profession adopted standards of professional conduct consistent with recognition of confidential relationship in information flowing between one firm to another -- In face of presumption confidential information has been conveyed, general statements to contrary not sufficient -- Firm of Burke-Robertson ordered removed as solicitors for plaintiff and prohibited from revealing confidential information to plaintiff.