No evidence confidential information actually used in preparation of notice of allegation

Federal appeal | Professions

BARRISTERS AND SOLICITORS

No evidence confidential information actually used in preparation of notice of allegation

When appellant received notice of allegation, it was alarmed to see law firm of its predecessor, which had represented it in five proceedings respecting same medicinal ingredient, was representing respondent. As soon as appellant registered objection, firm resigned. However, appellant was still concerned about misuse of confidential information so applied for further relief. Federal Court granted order disqualifying respondent’s in-house counsel, who had previously been employed by firm in question, but found it did not have jurisdiction to declare respondent’s notice of allegation invalid. Cross-appeals by parties from Federal Court decision. Cross-appeals dismissed. Federal Court did not properly apply Martin test in relying on inference rather than actual evidence lawyer had received confidential information about medicinal ingredient in course of his previous employment. However, result was same, as this rendered lawyer’s disqualification automatic. Court could always consider conflicts of interest; however, there was no evidence appellant’s confidential information was actually used in preparation of notice of allegation, which consisted of objectively known facts and matters of law, so declaring it invalid could overshoot mark. Tests for disqualification did not even hint at this type of remedy so, while it was open that it may be appropriate in exceptional circumstances, evidence did not support it in this case.
Valeant Canada LP v. Canada (Minister of Health) (Feb. 24, 2014, F.C.A., John M. Evans J.A., Johanne Gauthier J.A., and David Stratas J.A., File No. A-221-13) 238 A.C.W.S. (3d) 495.

Free newsletter

Our daily newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please complete the form below and click on subscribe for daily newsletters from Law Times.

Recent articles & video

Ford government’s cuts to Toronto city council ruled constitutional

Histories of Canadian law and Métis people are entwined, says Jean Teillet

More women are on TSX company boards - but there’s slow progress to the C-Suite, says Osler

GM lawyer Michael Smith becomes partner at Bennett Jones

Ontario court rules cap on general damages does not apply to sexual abuse

House of Commons reveals legal fee reimbursement over $54k

Most Read Articles

Ontario court rules cap on general damages does not apply to sexual abuse

Man discharged from his fourth bankruptcy

Insurance lawyers reveal their referral philosophies

Court of Appeal rules auto insurer not liable for parental negligence claim stemming from accident