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

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.