Is there an implied undertaking of confidentiality over documents that are required to be produced by statute or as part of a proceeding?
British Columbia, Canada
The following excerpt is from C v. Van City, 2016 BCHRT 103 (CanLII):
Van City submits that there is an implied undertaking of confidentiality over documents that are required to be produced by statute or as part of a proceeding. The rationale for the rule, they say, is that a party to a litigation should have the full right of disclosure and inspection of relevant information, including documents that may be confidential, as is necessary to resolve the issues in dispute. However, a party cannot use that right of disclosure for any purpose collateral or ulterior to the litigation. They rely upon Juman v. Doucette, 2008, SCC 8.
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