What is the meaning of the common law implied undertaking rule?
Ontario, Canada
The following excerpt is from Kitchenham v. Axa Insurance, 2005 CanLII 16620 (ON SC):
Carthy J.A. cited the same passage from Goodman v. Rossi quoted above, and (at para. 6) confirmed that it is the identity of the recipient and the use to which the recipient intends to put the documents that are the focus of the common law implied undertaking rule: It is “used by the other party” and “use them to the detriment of the party who has produced them” that are the keynote phrases.
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