You are here

Collateral use for strategizing in related litigation

In Sarvarian v. Sok, 2011 BCSC 585 the plaintiff claimed damages related to alleged wrongful filing of a caveat against land being dealt with by real estate developers. The defendants sought an order relieving them from the implied undertaking so they could have free discussions with other persons involved in unrelated litigation with the plaintiff, but the court denied that application on the grounds that there was insufficient connection between the two sets of proceedings:
 
The other lawsuits involve different issues and there does not appear to be sufficient commonality in interest between the parties opposite the MJIC parties in those proceedings, and the defendants in these proceedings, other than the fact that they have a “common opponent” as it were.  In other words, the parties in those other proceedings do not appear to need information from this proceeding in order to advance the interests of justice.  I am not satisfied that disclosing confidential information obtained from the MJIC parties and Ms. Sidhu in this lawsuit will advance the interests of justice.
 
In the present proceeding, the MJIC parties have produced confidential banking records and other financial information, and these records reveal confidential information of non-parties as well.  It is easy to conceive of how a party could be prejudiced by the release of confidential banking information.  The plaintiffs and defendants by counterclaim have expressed fear that the confidentiality of this information would not be protected, but have been met with the assurance that it is protected by the implied undertaking of confidentiality.  I consider it much more in the interests of the administration of justice and the promotion of ongoing full production of confidential information by the plaintiffs and defendants by counterclaim that the implied undertaking not be lifted.  This application is dismissed.
 
(Sarvarian v. Sok, 2011 BCSC 585 at para. 103-104).
 
 
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.