Supreme Court Clarifies Implied Undertaking Continues to Apply Despite Pre-Trial Motions

05 / 10 / 2010

In Bodnar v. The Cash Store Inc., 2010 BCSC 660,  the Supreme Court accepted Branch MacMaster’s submissions that documents or evidence that are put before the Court in pre-trial motions or are filed by the contrary party remain subject to the implied undertaking of confidentiality. For the first time, the Court established the process to be followed whenever a party proposes to such document or evidence for purposes other than the litigation in which they were generated. The process includes a mandatory leave application when the party proposing to use the material was not the party that filed or used it during the pre-trial motions. Ward Branch and Luciana Brasil were counsel for the defendants in this application. 

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