Lassonde ( A. ) Inc. v. Bélanger
T-1156-96
Morneau P.
18/6/97
3 pp.
Motion under R. 300.1 to have Court declare Martineau Walker law firm disqualified from representing defendant because of conflict herein-Action for unfair competition and infringement of trade-mark-Motion allowed-Plaintiff establishing, for purposes of its motion, sufficient connection between negotiator relationship of solicitors for defendant when acting for licensee in order to secure licence contract for it, and those same solicitors' current mandate in challenge to licence contract in question-Accordingly, by applying MacDonald Estate v. Martin, [1990] 3 S.C.R. 1235, unrebutted presumption here when licence contract negotiated, defendant's current solicitors acquired confidential information concerning contract and this information could be used improperly in future-Reasonably well-informed member of public would be disturbed to see further toleration of counsel supporting licence contract at one time, then subsequently challenging it-Court's intervention necessary in interest of appearance of fairness in eyes of public: APV Pavailler Inc. v. Bonischot, [1992] R.D.J. 542 (Que. C.A.)-Federal Court Rules, C.R.C., c. 663, R. 300.1 (as enacted by SOR/90-846, s. 3).