WeirFoulds LLP 2013 Professional Development Series: Conflicts of Interest - The McKercher Case

Michael Statham
10/23/2013
7:30 a.m. - 9:30 a.m.
WeirFoulds LLP, 66 Wellington Street West, Suite 4100, Toronto

*This program has been accredited by the Law Society for 1.5 Professionalism Hours*

Conflicts of Interest: The McKercher Case

In July 2013, the Supreme Court of Canada gave fresh guidance on the application of its "bright line rule" for the avoidance of conflicts of interest. In this program, we will canvass the Court's decision in Canadian National Railway Co. v McKercher LLP, its implications for conflicts analysis in the profession, and for clients with conflicts concerns in a new or previous retainer.

Topics will include:

  • Defining conflicts of interest.
  • The lawyer's underlying duty of loyalty: to avoid conflicting interests; a duty of commitment to the client's cause; and a duty of candour.
  • The application of the "bright line rule".
  • The remedy of "disqualification" and the circumstances where it should apply.
  • How to approach perceived conflicts of interests?
  • What are the implications for future conflict cases?
Presented by:
H. Scott Fairley, Partner
Michael Statham, Managing Partner