R v Neil

R v Neil
Supreme Court of Canada
Hearing: January 25, 2002
Judgment: November 1, 2002
Full case nameDavid Lloyd Neil v Her Majesty The Queen
Citations[2002] 3 S.C.R. 631, 2002 SCC 70
Docket No.28282 [1]
RulingAppeal dismissed
Court membership
Reasons given
Unanimous reasons byBinnie 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.

  1. ^ SCC Case Information - Docket 28282 Supreme Court of Canada