Y Tadese: Ontario court applies McKercher, allowing lawyer to remain on case

Published in the Law Times on Monday, 19 August 2013 08:00 | Written By Yamri Taddese

In a decision referencing the Supreme Court’s ruling in Canadian National Railway Co. v. McKercher LLP, an Ontario court has refused to remove counsel from a case because he had formerly represented the opposing party. Richard Hames, a founding shareholder of a construction company, wants to retire but is in dispute with the rest of the shareholders about the terms of his withdrawal from the enterprise. The shareholders’ lawyer, Mark Klaiman, had previously represented Hames and his company.
But while Hames claimed Klaiman was in a conflict of interest due to his former retainer with him, the court didn’t readily agree.
In McKercher, the court made it clear that “it is not sufficient for the former client to make bald assertions that the lawyer had obtained confidential information,” Superior Court Justice David Brown wrote in Hames v. Greenberg on July 24.

For the full story on the Law Times website, click HERE

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