Can information and documents produced by a bank pursuant to a court order granted in respect of a tracing claim be used for allied purposes?

Alberta, Canada


The following excerpt is from Alberta Treasury Branches v. Leahy, 2000 ABQB 575 (CanLII):

In Omar v. Omar, [1995] 1 W.L.R. 1428 (Ch.D), Jacob, J. set out the main question before him, which reflects an issue before me in this case, as follows, at 1430: . . . to what extent can information and documents produced by a bank pursuant to a court order granted in respect of a tracing claim be used for allied purposes? The particular allied purposes are adding a personal claim against the existing defendants, use of the information and documents at trial for the purposes of both the tracing claim and the personal claim and use of the information and documents to pursue parallel remedies in other jurisdictions.

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