Ontario Civil


Civil Procedure

CHANGE OF SOLICITOR
Court inferred confidential information imparted

Parties lived together for four years and were never married. Parties had one child. Relationship between parties was high conflict. Respondent had sole custody of child with specified residential schedule for parties to follow. Respondent brought motion for removing solicitors for applicant. Respondent argued current litigation was closely related to earlier litigation. From 1998 to 2006, respondent was represented by previous counsel as well as current counsel. Applicant’s counsel throughout was same. Previous counsel’s legal assistant began working as legal assistant to applicant’s counsel. Previous litigation was inextricably bound to issues in current litigation. Previous counsel’s retainer was not for unrelated proceeding but culminated in order on which father relied in motion for contempt. Court inferred confidential information was imparted. Public represented by reasonably informed person would not be satisfied that no use of confidential information would occur in circumstances. Applicant’s solicitor was to be removed as solicitors of record for applicant.

K. (M.S.) v. T. (T.L.)

(Sep. 20, 2011, Ont. S.C.J., Wilson J., File No. 04FA-012804FIS) 207 A.C.W.S. (3d) 203 (7 pp.).

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