Alcan Aluminium Ltd. v. Desgagnés Marine Services Inc.
T-649-92
Denault J.
8/7/93
11 pp.
Application to disqualify law firm acting for plaintiffs -- Alleging firm placed itself in conflict of interest by acting both for and against same client -- Time charter of ship M.V. Pollux by which one of defendants undertook to transport goods from Port Alfred, Quebec to U.S. -- When cargo loaded, violent explosion in hold of ship killing two sailors and heavily damaging ship -- As result of incident several actions filed in Federal Court of Canada -- In one action, Alcan Aluminium Ltd. claimed $18,000,000, and Transport Desgagnés Inc. (TDI) one of defendants -- Firm Marler, Sproule, Castonguay represented Alcan in one action and TDI in another action relating to same incident -- Rule 3.05.04 of Code of Ethics of Quebec Bar contains absolute prohibition against representing conflicting interests -- Lawyers Marler, Sproule and Castonguay put in delicate if not outright untenable position by trying on one hand to get $350,000 judgment for their client TDI against Queen while also seeking judgment severally against same company in amount of $18,000,000-Application allowed.