Case Report – Ont. C.A. affirms disqualification of counsel for retaining “poisoned” expert

2 May

Yesterday, the Ontario Court of Appeal affirmed an order to remove plaintiff counsel in two related actions after it retained a former member of the defendant hospital’s executive team as an expert witness in one of the actions.

It was clear that the expert had retained confidential information attributable to the solicitor-client relationship while in employment with the hospital. The Court analogized her retainer to the transferring lawyer scenario and held that it was appropriate to presume that plaintiff counsel had received the information and that it would work to the defendant’s prejudice. It then applied the Celanese test and held that it was appropriate to disqualify counsel, particularly given that plaintiff counsel “caused the problem” by retaining the expert.

Stewart v. Humber River Regional Hospital, 2009 ONCA 250.

Advertisements

One Response to “Case Report – Ont. C.A. affirms disqualification of counsel for retaining “poisoned” expert”

Trackbacks/Pingbacks

  1. Case Report – Contact with defendant’s former employee not ground to disqualify plaintiff counsel « All About Information - March 13, 2010

    […] did not meet with the TPSB as a client and, unlike in the Court of Appeal’s recent Humber v. Stewart decision, was a neither a potential expert witness nor responsible for giving instructions to […]

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: