Feherguard products Ltd. v. Rocky's of B.C. Leisure Ltd.
T-1602-86
Rouleau J.
7/10/92
5 pp.
Application to remove Bereskin & Parr as solicitors for plaintiff based on possible conflict on interest -- Timothy J. Sinnott practising with Barrigar & Oyen, Toronto in 1988 when conducted discovery of officer of plaintiff company as agent for Barrigar & Oyen, Vancouver, solicitors for defendant -- Received instructions disclosing litigation strategy -- In 1991 joined Bereskin & Parr -- Peter R. Everitt, having conduct of plaintiff's action, swearing no communication or involvement by Sinnott in relation to file -- Application dismissed -- Application of guidelines to avoid conflicts of interest outlined in MacDonald Estate v. Martin, [1990] 3 S.C.R. 1235 -- Sinnott remembering little if anything of previous involvement -- No information of confidential nature disclosed except instructions for discovery -- Little could be used to defendant's detriment -- As to misuse of information, Sinnott neither acting nor actively engaged in file -- Too strict to impute his knowledge to others in firm, and unrealistic in era of mega-firms -- All reasonable measures taken by other members of law firm -- Defendant's solicitors aware of situation for long time before seeking protection -- Unreasonable to require plaintiff to instruct new counsel at this late date and bear additional expense.