Adhering to the Rules of Professional Conduct provided by the Law Society of Ontario (“LSO”) and implementing the additional best practices produced by the Canadian Bar Association (“CBA”) encapsulate how to successfully implement an Ethical Screen. Failure to do so can result in a breach of confidentiality, conflict of interest and disqualification from representation, as highlighted in the case of Ontario v. Chartis Insurance Company of Canada (“Chartis”).
Chartis has attained infamy for its application, and ultimate failings, in erecting an Ethical Screen. This case involved a conflict of interest between Mr. Foulds (a lawyer) and LBM (a law firm) and their representation of the Defendants.[i] By using Chartis as a case study, this article will explore how to avoid similar errors and successfully establish an Ethical Screen.