The individual Parties were former business partners. They were involved in case-managed litigation that spanned multiple Actions. In the lead-up to the hearing of several pre-Trial Applications, the Applicant’s former spouse retained the Respondent’s counsel to act in the divorce proceedings against the Applicant. The lawyer ceased acting for the Applicant’s former spouse in the divorce proceedings, but the Applicant nonetheless applied in this Action for the lawyer’s removal as counsel to the Respondent based on alleged conflicts.

In considering whether a conflict existed, Justice Devlin noted Rule 5.33, which prohibits the collateral use of private information which was involuntarily produced in litigation. Justice Devlin observed that, had the lawyer not withdrawn as counsel in the divorce proceedings, there may have been valid concerns about the potential for breaches of Rule 5.33. The Court held that those concerns did not exist in the present circumstances, however.

Ultimately, Justice Devlin concluded that there was no reason or requirement to remove the Respondent’s counsel from acting in these proceedings. Justice Devlin dismissed the Applicant’s Application, but Ordered that the parties bear their own Costs.