No confidential information sufficiently related to retainer at issue was exchanged

Plaintiff was former chief of defendant First Nations band. From 1977 to 1997, while plaintiff was chief, W had represented defendant band on various matters such as title claims and interpretation of band's customary election law. Plaintiff brought action against defendant band in February 2017. Plaintiff sought declaration that he was “headman” within meaning of annuity provisions of relevant treaty. Lawyer W was counsel of record for plaintiff until August 2017 when lawyer U became counsel of record for plaintiff. Defendant band brought motion for order removing lawyers W and U as solicitors of record for plaintiff on basis of alleged conflict of interest. Motion dismissed. Neither W nor U was in conflict of interest. No confidential information sufficiently related to retainer at issue was exchanged between defendant and W. No confidential information was conveyed by plaintiff or defendant to W. Previous retainers and involvement of W and W's involvement in this action were not sufficiently related. Since W did not receive confidential information he was not in position to relay that information to U.

Chingee v. Canada (Attorney General) (2019), 2019 CarswellNat 1461, 2019 FC 532, Paul Favel J. (F.C.).

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