SUPREME COURT OF NOVA SCOTIA
Citation: Chapates v. Petro Canada , 2004 NSSC052
Date: 20040302
Docket: S.H. 83869
Registry: Halifax
Between:
Roger and Marlene Chapates
Plaintiffs
- and -
Petro Canada, a body corporate, Bill’s Service Station Limited,
a body corporate, John Lewis Siteman and Andrew S. Webber
Defendants
- and -
Graycon Limited
Third Party
LIBRARY HEADING
Judge: The Honourable Justice Felix A. Cacchione
Heard: February 11, 2004, 2004 in Halifax
Written Decision: March 2, 2004, 2004
Subject: Conflict of Interest
Summary: Lawyer with firm representing one of the Defendants left the firm and joined another firm. He then began to represent the Plaintiff in the same action.
Issue: Was he in a disqualifying conflict?
Result: No conflict found. Unlike the situation in Martin v. Gray the lawyer took no part in the file while at previous law firm and was unaware that his previous firm represented the Defendant. N.S. Bar Society Legal Ethics and Code of Professional Conduct permits a lawyer, who has no actual possession of relevant information which may prejudice a former client, from acting against that former client.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.