The larger a law firm gets, the more important conflict searches
become. The benefit of these searches became apparent to a law firm
in Stewart v. Hosack 2014 ONSC
5693 (S.C.J.).
Players
For many years, the plaintiff, her family, and her business had
been clients of a law firm in Simcoe, Ontario. The firm previously
represented the plaintiff and her business on 5 matters: the sale
of a home, the purchase of a building, a Small Claims Court action,
a flood damage claim, and a medical malpractice lawsuit. The firm
was currently acting for the plaintiff's husband, and perhaps
her also, on two real estate deals.
A former employee of the plaintiff's business was criminally
charged with uttering a death threat to the plaintiff. Another
lawyer (the "criminal lawyer") in the law firm, who was a
friend of the employee's boyfriend, accepted the employee's
retainer to defend her in the criminal proceedings. The criminal
lawyer knew that the plaintiff was the alleged victim
