12 In Hunt v. T & N plc the court was invited to reverse their earlier decision. They did so. At page 125 the decision of the court, per curiam, states as follows: Thus, as a court of five judges, we may, if so advised, pronounce authoritatively on this question. After much consideration, we prefer the dissenting views of Esson J.A. in Kyuquot, mainly because we think it anomalous to recognize a right of privacy and an obligation to use discovery documents only in the proceedings in which they are produced, but then to require the owner to take steps to prevent a breach of that obligation. As has been pointed out in many cases, that party will not always know there is or will be an intention not to honour the obligation. It is true that the obligation is enforceable by injunction, but quia timet applications should be reserved for unusual cases, and not as part of the regular discovery process. Accordingly, we would uphold the obligation which the law has generally imposed upon a party obtaining discovery of documents, and we would require such party, in appropriate cases, to obtain the owner's permission or the court's leave to use the documents other than in the proceedings in which they are produced.
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