Overview
Dye & Durham Limited, OMERS Infrastructure Management Inc., and DoProcess LP appealed a Federal Court decision that denied their motion to remove plaintiffs' counsel in a proposed class action under section 45 of the Competition Act. The appellants contended that the counsel had access to confidential information from a prior engagement which could affect the current case.

Legal Arguments/Issues
The main issue was whether the plaintiffs’ counsel received and could use confidential information prejudicial to the appellants. The appellants argued that the prior and current retainers were related enough to assume transfer of relevant confidential information, necessitating counsel's removal under conflict of interest rules.

Decision and Procedural Directions
The Federal Court ruled that the previous and current legal matters were not sufficiently related to presume that confidential information had been shared. It found no evidence that confidential information was actually imparted during the earlier retainer, thus not meeting the threshold to remove counsel.

Costs and Awards
The judgment did not specify the total costs or award in favor of the successful party. The focus was primarily on the legal principles regarding the removal of counsel and the handling of confidential information.

The summary reflects the court's handling and resolution of the motion concerning potential conflicts of interest due to counsel's prior engagements and access to sensitive information.