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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 21:01 — Michael Dew
- Implied undertaking applies to compelled information
- The implied undertaking covers documents and information, even if innocuous
- The effect of the implied undertaking: no use for a collateral purpose
- The rationale for implied undertakings
- The implied undertaking applies to judicial and administrative proceedings
- The implied undertaking is not a privilege
- The implied undertaking rule binds both lawyer and client (and insurer)
- The undertaking is owed to the court, not the disclosing party
- The implied undertaking cannot be used as a basis for not disclosing relevant documents
- Express undertakings
- The implied undertaking applies only to compelled information
- Information which is otherwise publicly available
- The implied undertaking applies even to documents not specifically requested
- Information obtained from third parties
- Interrogatories and the implied undertaking
- Formal admissions and the implied undertaking
- Post judgment discovery
- Examinations under the Bankruptcy and Insolvency Act
- Statement of the principle regarding permissible use
- Implied undertaking information may be provided to expert witnesses
- Implied undertaking information may be served on proposed targets of court order
- Implied undertaking information may be used in examination of non-party witness
- Use in parallel or related proceedings is not permitted
- Listing of documents covered by the implied undertaking
- Collateral use may be made with consent of the party who disclosed the information
- Consent must be sought from named parties even if not parties of record
- Consent to collateral use should generally be granted where cases are related
- Court order must be obtained if consent to collateral use is not obtained
- Standing to apply for relief from implied undertakings
- Urgency or inconvenience will not excuse need for court application
- Test for court order permitting collateral use
- Court order for relief from the implied undertaking in civil cases
- Court order for relief from implied undertaking for disclosure to police
- Rationale for termination of the undertaking upon disclosure in court
- If the case settles, the implied undertaking prevails in full
- To the extent information is disclosed at trial, the undertaking is reduced
- Implied undertaking survives limited disclosure in chambers applications
- Variety of remedies available for breach of the implied undertaking
- Injunction to prevent breach of the implied undertaking
- Contempt of court by breach of the implied taking
- Removal of counsel from record for breach of the implied undertaking
- Claim may be struck out for breach of the implied undertaking
- Prohibition on use of documents as remedy for breach of the implied undertaking
- Evidence obtained in breach of implied undertaking may be excluded
- Administrative ruling may be ruled procedurally unfair
- Compelled disclosure of strategy information due to breach of the implied undertaking
- Breach of the implied undertaking is not a tort
- Undertakings with respect to disclosure materials in criminal proceedings
- Use of criminal disclosure materials in civil proceedings
