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Implied undertaking information may be provided to expert witnesses

It is not a breach of the implied undertaking to disclose information to an expert retained to provide a report in the proceeding in which the information was obtained:  
 
“proper use” …[includes]…the right to disclose such documents to other advisors, such as potential expert witnesses, here or elsewhere as counsel may advise.   
(Hunt v. Atlas Turner Inc., 1995 CanLII 1800 at para. 65 (BCCA)).
 
Counsel should caution the expert that the information is not to be disclosed other than in the proceeding i.e. experts in receipt of information subject to the implied undertaking are likely also bound by the undertaking.
 
 
 
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.