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The court granted delivery up, sealing, disqualification, and special costs after counsel used prima facie privileged estate documents in related litigation.
Adjudicator found the lawyer's work was generally reasonable and the onus of proof met but that a misfit between client and counsel justified a modest reduction; accordingly $1,069.50 (three hours' fees plus HST) was deducted, leaving fees recoverable of $2,862.83, plus $99.70 costs for commencing the claim, total judgment $2,962.53, with no interest awarded.
Source excerpt
The court removed counsel who had previously acted for the defendant in the same accident, holding that confidential information was presumed and the conflict was automatic.
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