What is the effect of permissive words in an implied undertaking?

British Columbia, Canada


The following excerpt is from Taherkhani v Este, 2022 BCSC 372 (CanLII):

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:

Other Questions


What is the scope of the implied undertaking in the context of an implied undertaking? (British Columbia, Canada)
Does the implied undertaking of an implied undertaking apply to the use of a searchable searchable database? (Alberta, Canada)
What is the implied undertaking as a legal obligation to the court? (Alberta, Canada)
Does a party have to sign an implied undertaking of confidentiality to the court not to use the documents or information provided on discovery for purposes of litigation? (British Columbia, Canada)
What is the effect of the words “notwithstanding the giving of time for payment” in clause 34 of a mortgage renewal agreement? (Canada (Federal), Canada)
What is the implied undertaking of a party in a civil action? (Newfoundland and Labrador, Canada)
What is the effect of the words "of money" and "of property" in the context of a real estate transaction? (British Columbia, Canada)
What is the effect of undertaking in a return order application? (Ontario, Canada)
What is the impact of an implied undertaking about the use of documents obtained through the discovery process? (Alberta, Canada)
What is the test for the interpretation of the implied undertaking in a personal injury case? (British Columbia, Canada)