Is there an implied undertaking as to the confidentiality of evidence obtained in the course of discovery in a civil suit?
British Columbia, Canada
The following excerpt is from No Limits Sportswear Inc. v. 0912139 B.C. Ltd., 2014 BCCA 258 (CanLII):
GARSON J.A.: It is well established that there exists an implied undertaking as to the confidentiality of evidence obtained in the course of discovery in a civil suit: Juman v. Doucette, 2008 SCC 8. This appeal concerns a discretionary order made by Mr. Justice Masuhara, in chambers, waiving that implied undertaking.
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