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Collateral use may be made with consent of the party who disclosed the information
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This book was written by Michael Dew, a Vancouver lawyer who practices civil litigation, including assisting persons who have been denied insurance coverage by insurance companies, and persons dealing with builders lien issues.
Sun, 2012-10-28 18:06 — Michael Dew
The owner of information subject to the implied undertaking can consent to collateral use of the information covered by the undertaking:
[W]here the party being discovered does not consent [to collateral use of the information], a party bound by the undertaking may apply to the court for leave to use the information or documents otherwise than in the action.
(Juman v. Doucette, 2008 SCC 8 at para. 30).
Similarly:
Both L.G.S. and Mr. Biehl sought an order releasing them from the implied undertaking attached to the discovery transcripts in the contractual proceeding for the purpose of this application. In addition, L.G.S. sought an order permitting her to refer to transcripts of recorded telephone conversations between Mr. Biehl and G.M.S. that were produced in the contractual proceeding. None of the parties objected to the first application and thus I granted an order waiving the implied undertaking with respect to the discovery transcripts of all parties in the contractual proceeding for the purpose of this application.
(L.G.S. v. G.M.S., 2010 BCSC 297 at para. 3).
