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ARTICLE · 10 JULY 2013

This Week at the SCC (5/7/13)

McCarthy Tétrault
McCarthy Tétrault
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A discussion on the most recent legal developments released by the Supreme Court of Canada.

CanadaLitigation, Mediation & Arbitration
Hovsep Afarian
Hovsep Afarian
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A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

The Supreme Court of Canada released reasons for judgment in one case and denied leave to appeal in two cases of interest to Canadian business and professions.

In Canadian National Railway Co. v. McKercher LLP, 2013 SCC 39, the Supreme Court of Canada ruled that a law firm breached its duty to avoid conflicting interests, its duty of commitment to its client's cause, and its duty of candour to its client when it, without its client's consent or knowledge, accepted a significant retainer against its client and terminated various retainers with its client in the process.  However, the Supreme Court of Canada sent the matter back to the court of first instance to determine whether these breaches of the duty of loyalty warranted disqualifying the firm from acting against its former client, given that the firm did not possess relevant confidential information that could be used

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