Ontario – Counsel disqualified in action and arbitration over access to privileged documents in arbitration – #949

In Specialty Life Inc. v. Daumier Financial Services Inc., 2026 ONSC 1869, the Court ordered the disqualification of plaintiffs’ counsel because it had requested, received, and reviewed some of the defendants’ privileged documents as counsel for the plaintiffs in a related arbitration, albeit for a legitimate purpose in that arbitration. The Court found that there were no steps, short of disqualifying plaintiffs’ counsel in both the action and the arbitration that would “avoid the mischief resulting from use of the [defendants’] privileged information”.

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