What are the factors used to determine whether or not to disclose an undertaking?
Alberta, Canada
The following excerpt is from Proprietary Industries Inc. v. Workum, 2005 ABQB 531 (CanLII):
Coutu, J. in Ochitwa v. Bombino [1997] A.J. No. 1157 articulated the factors slightly differently. She adds as considerations whether there is any public interest that favours either disclosure or favours maintaining the undertaking and whether the plaintiff ‘discovered’ a cause of action from the documents.
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