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Client Work

Canadian National Railway Co. v. McKercher LLP, 2013 SCC 39

Fasken
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Client

Federation of Law Societies of Canada

In CNR v McKercher LLP, the Supreme Court of Canada addresses the question: "Can a law firm accept a retainer to act against a current client on a matter unrelated to the client’s existing files?" The 2013 decision, which re-examines the Neil ‘bright line rule’, is the leading Canadian decision on lawyers’ conflicts of interest, and its clear framework for conflicts analysis provides guidance for both clients and lawyers in structuring their relationship and addressing conflicts issues.

Stanley Martin was co-counsel to the intervener the Federation of Law Societies of Canada.

Read the Court’s decision: Canadian National Railway Co. v. McKercher LLP, 2013 SCC 39

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