What are the implications of the term “Chinese wall” or “concunition of silence” in the context of disclosure requirements?
Ontario, Canada
The following excerpt is from Basque v. Stranges, 2010 ONSC 5605 (CanLII):
In MacDonald Estate v. Martin, ibid, Sopinka J., writing for the majority, referred to “Chinese walls[5] and cones of silence” (institutional mechanisms to insure that no disclosure will occur) as “concepts . . . not [then] familiar to Canadian courts . . .”
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