Canadian National Railway Co v McKercher LLP | |
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Hearing: 24 January 2013 Judgment: 5 July 2013 | |
Full case name | Canadian National Railway Company v. McKercher LLP and Gordon Wallace |
Citations | 2013 SCC 39 |
Docket No. | 34545 [1] |
Prior history | APPEAL from Wallace v Canadian Pacific Railway, 2011 SKCA 108 (28 September 2011), setting aside Wallace v. Canadian Pacific Railway, 2009 SKQB 369 (21 September 2009) |
Ruling | Appeal allowed; case remanded to court of first instance for final determination |
Holding | |
The bright-line rule concerning a duty of loyalty by a lawyer to his client, first stated in R. v. Neil, applies in this matter, and disqualification may be necessary to maintain the repute of the administration of justice | |
Court membership | |
Chief Justice | Beverley McLachlin |
Puisne Justices | Louis LeBel, Morris Fish, Rosalie Abella, Marshall Rothstein, Thomas Cromwell, Michael Moldaver, Andromache Karakatsanis, Richard Wagner |
Reasons given | |
Unanimous reasons by | McLachlin CJ |
Canadian National Railway Co v McKercher LLP[2] is a significant case of the Supreme Court of Canada that consolidated Canadian jurisprudence on conflicts of interest in the legal profession.