R v Neil | |
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Hearing: January 25, 2002 Judgment: November 1, 2002 | |
Full case name | David Lloyd Neil v Her Majesty The Queen |
Citations | [2002] 3 S.C.R. 631, 2002 SCC 70 |
Docket No. | 28282 [1] |
Ruling | Appeal dismissed |
Court membership | |
Reasons given | |
Unanimous reasons by | Binnie J. |
R v Neil, [2002] 3 S.C.R. 631, 2002 SCC 70, is a leading decision of the Supreme Court of Canada on conflict of interests among lawyers. The Court held that both firms and lawyers have a fiduciary duty of loyalty to their clients and so a lawyer or firm cannot represent a client whose interests may be adverse to the interests of another client unless there is consent and a reasonable belief that the interests will not be adverse. This greatly expanded the old rules of conflict of interest which required actual knowledge of confidential information before a lawyer was in conflict.