Chisholm v. McArel

Chisholm v. McArel

Burden rests on the applicant to prove a solicitor-client relationship existed; the evidence showed no direct communications or representations by the applicant that Ms. Awad was her lawyer, Ms. Awad explicitly declined to act and only made two brief calls to facilitate contact with the adjuster, therefore no solicitor-client relationship or imparting of confidential information was established and the disqualification application must be dismissed.

Citation
2008 NSSC 202
Parties
Applicant/plaintiff: Pamela Chisholm; Respondent/defendant: Sheila McArel; Respondent/defendant: Nancy Bingham
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
20 June 2008
Procedural Posture
Application to Disqualify Counsel for Conflict of Interest / Hearing on Application (decision)
Outcome
Application to disqualify the law firm of McInnes Cooper dismissed.
Legal Topics
Solicitor Client Relationship, Disqualification of Counsel, Confidential Information, Agency and Third Party Communications
Source Language
English
Professional Responsibility Conflict of Interest Civil Procedure Evidence Solicitor Client Relationship Disqualification of Counsel Confidential Information Agency and Third Party Communications

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Parties

Pamela Chisholm

Applicant/plaintiff

Sheila McArel

Respondent/defendant

Nancy Bingham

Respondent/defendant

Procedural Posture

Application to Disqualify Counsel for Conflict of Interest / Hearing on Application (decision)

Legal Issues

  1. 1 Did a solicitor-client relationship exist between Ms. Awad and the applicant?
  2. 2 If a solicitor-client relationship existed, was there confidential information imparted that would require disqualification of McInnes Cooper?

Ratio Decidendi

Burden rests on the applicant to prove a solicitor-client relationship existed; the evidence showed no direct communications or representations by the applicant that Ms. Awad was her lawyer, Ms. Awad explicitly declined to act and only made two brief calls to facilitate contact with the adjuster, therefore no solicitor-client relationship or imparting of confidential information was established and the disqualification application must be dismissed.

Court Disposition

Application to disqualify the law firm of McInnes Cooper dismissed.

Orders

  • Application to disqualify the law firm of McInnes Cooper dismissed.