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Evidence obtained in breach of implied undertaking may be excluded

In Towriss v. Westminster Savings and Credit Union et al., 2005 BCSC 695 the court struck paragraphs of an affidavit that, without consent or court order, based on information subject to the implied undertaking:
 
In the absence of an order or consent, in order to be in compliance with the undertaking, Mr. Towriss could not have been given access to the documents for purposes of use in this litigation, but only for use in the Giles litigation.  Accordingly, the use in this proceeding is an impermissible collateral use.  Paragraphs 7 & 8 of Mr. Towriss’s Affidavit #2 are struck.
(Towriss v. Westminster Savings and Credit Union et al., 2005 BCSC 695 at para. 11).
 
 
 
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.