I note that in the above passage Millman J. was very careful in his use of permissive words. It is only in rare circumstances that a third party in possession of information covered by the implied undertaking will be prohibited from using it, such as when the third party induced a breach of the implied undertaking or, possibly when the third party published the information. This is apparent from paras. 17-20 of Power v. Parsons, 2018 NLCA 30:
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