Can a party obtain access to a searchable searchable document without obtaining permission from the owner?

British Columbia, Canada


The following excerpt is from Edgeworth Construction Ltd. v. Thurber Consultants Ltd., 1996 CanLII 582 (BC SC):

12 In Hunt v. T & N plc the court was invited to reverse their earlier decision. They did so. At page 125 the decision of the court, per curiam, states as follows: Thus, as a court of five judges, we may, if so advised, pronounce authoritatively on this question. After much consideration, we prefer the dissenting views of Esson J.A. in Kyuquot, mainly because we think it anomalous to recognize a right of privacy and an obligation to use discovery documents only in the proceedings in which they are produced, but then to require the owner to take steps to prevent a breach of that obligation. As has been pointed out in many cases, that party will not always know there is or will be an intention not to honour the obligation. It is true that the obligation is enforceable by injunction, but quia timet applications should be reserved for unusual cases, and not as part of the regular discovery process. Accordingly, we would uphold the obligation which the law has generally imposed upon a party obtaining discovery of documents, and we would require such party, in appropriate cases, to obtain the owner's permission or the court's leave to use the documents other than in the proceedings in which they are produced.

Other Questions


Is there any case law that supports the proposition that a party can obtain access to a certain amount of funds from a third party? (British Columbia, Canada)
Can a party recover in restitution where another party has been unjustly enriched at that party's expense? (British Columbia, Canada)
Can the City of Vancouver apply for an injunction to prevent the owner of the Art Gallery from using the building from entering the building's grounds without the permission of the Court of Appeal? (British Columbia, Canada)
What is the effect of the intention or understanding of a party to a transaction where a party intended to transfer a vehicle to another party? (British Columbia, Canada)
Does a party have an obligation to ensure that the signing party reads and understands the terms of a document? (British Columbia, Canada)
Does the law of agency apply when one party gives explicit or implicit authority to another party (the principal) to enter contracts with third parties? (British Columbia, Canada)
What is the proper procedure for counsel for the prevailing party in an ex parte application to obtain an order from the affected party? (British Columbia, Canada)
Does a party have to obtain a report from a doctor before obtaining the report from that doctor? (British Columbia, Canada)
Can a court order that a party provide an affidavit verifying its list of documents when in the absence of any adequate explanation, relevant documents have been omitted from the list? (British Columbia, Canada)
Can a party decline to attend for discovery if there has not been complete discovery of documents by both parties? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.