Does the implied undertaking arise in relation to evidence obtained at an examination in aid of execution?
British Columbia, Canada
The following excerpt is from Branconnier (Re), 2017 BCSC 1896 (CanLII):
Juman addressed the basis for the implied undertaking in the context of “pre-trial oral and documentary discovery”: para. 20. An examination in aid of execution arises post-trial. The question before me is whether, on a principled basis, that distinction should drive a different result. I emphasize that I am addressing the narrow issue of whether the implied undertaking arises in relation to evidence obtained at an examination in aid of execution. I do so because, for example, different authorities and principles apply to an examination undertaken under s. 163 of the BIA: see Re Bowell Estate v. Gill, 2008 BCSC 1270 at paras. 21-34.
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