In what circumstances can a company apply for a protective order for trade secrets?
Ontario, Canada
The following excerpt is from Boehringer Ingelheim (Canada) Ltd. v. Bristol-Myers Squibb Canada, 1998 CanLII 14782 (ON SC):
In Kastner v. Painblanc (1994), 59 C.P.R. (3d) 302 (F.C.T.D.), a patent infringement action, the defendants applied for a protective order with respect to general trade secrets and sales figures. Jerome A.C.J. denied the application stating that it was premature. He required supporting material including information for which the exemption from disclosure was sought “in such a way as to permit scrutiny of it by the court”.
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