In what circumstances have parties been required to give express undertakings to make no improper use of disclosed documents?
British Columbia, Canada
The following excerpt is from Lac Minerals v. Vancouver Stock Exchange, 1985 CanLII 353 (BC SC):
Jenkins J. refers in Alterskye v. Scott (at p. 470) to cases in which parties seeking discovery had been required to give express undertakings to the same effect but observes that these have been unusual and that the general practice is "to regard as a sufficient protection the implied obligation to make no improper use of disclosed documents". This undertaking or "obligation" seems not so much a consensual matter as a customary rule enforced by the court. In later cases consideration is given to the sort of uses of discovery documents which are to be regarded as "extraneous", "alien", "collateral" or otherwise "improper" under the rule and the circumstances in which relief from operation of the rule will be granted.
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