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The implied undertaking applies even to documents not specifically requested

The implied undertaking of confidentiality applies to all documents actually received on discovery, regardless of whether or not any particular document was specifically requested:
 
[T]he implied undertaking applies not only to materials which the recipient party has sought disclosure of, but even to materials of which it did not seek disclosure but which were nonetheless produced.
(Discovery Enterprises Inc. v. Ebco Industries Ltd., 1997 CanLII 4405 at para. 16 (BCSC)).
 
 
 
 
 
This book was written by Michael Dew, a Vancouver lawyer who practices civil litigation, including representing claimants in motor vehicle accident claims, persons who have been denied insurance coverage by insurance companies, and persons dealing with builders lien issues.