You are here

Implied undertaking applies to compelled information

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.
All information disclosed under compulsion of the Rules of Court is governed by the implied undertaking:
The implied undertaking of confidentiality is a rule that requires a party to civil litigation to keep confidential all information disclosed by adverse parties in the litigation under the compulsion of discovery procedures. 
(Bodnar v. The Cash Store Inc., 2010 BCSC 660 at para. 2).
It is only documents and information obtained from the opposing party to the litigation which were acquired through the process of discovery under the Rules of Court, or by court order, that are subject to the undertaking.
(Svorinic v. Svorinic, 2012 BCSC 826 at para. 59).
Conversely, information not obtained under compulsion of discovery procedures is not covered by the implied undertaking:
Disclosure of that report, if it were made to non parties, does not come within the rubric of the implied undertaking of confidentiality since it was not obtained through the litigation discovery process.
(Sovani v. Gray et al.; Jampolsky v. Shattler et al., 2007 BCSC 403 at para. 22).