Can an examination on discovery be confidential?

[23] In Lac d'Amiante du Québec Ltée v. 2858-0702 Québec Inc., 2001 SCC 51 (CanLII), [2001] S.C.J. No. 49, LeBel J. recognized the existence of an implied rule of confidentiality in the Quebec Code of Civil Procedure which protected the content of examinations for discovery from improper usage by the parties to the civil proceeding. His comments on the character and purpose of the discovery process is apposite to the case at bar: ¶ 74 There are other judicial policy reasons why it is legitimate to recognize the confidentiality rule. As we have seen, examination on discovery is an exploratory proceeding. As Fish J.A. pointed out in his reasons, the purpose of the examination is to encourage the most complete disclosure of the information available, despite the privacy imperative. On the other hand, if a party is afraid that information will be made public as a result of an examination, that may be a disincentive to disclose documents or answer certain questions candidly, which would be contrary to the proper administration of justice and the objective of full disclosure of the evidence. Recognizing the implied obligation of confidentiality will reduce that risk, by protecting the party concerned against disclosure of information that would otherwise not have been used in the case in which the examination was held and the information was disclosed.