Can equity be invoked to prevent the introduction of confidential information that has gone astray in a subsequent proceeding?
Alberta, Canada
The following excerpt is from Anderson Exploration Ltd. v. Pan-Alberta Gas Ltd., 1998 ABQB 455 (CanLII):
Sopinka and Lederman in "The Law of Evidence in Canada" at page 675 refer to what they call a "dichotomous rule" whereby the courts when dealing with the admissibility of evidence at trial may not extend the protection of privilege to communications that have come into a third party's possession by accident or stealth. However, equity can be invoked to restrain the introduction of such confidential information that has gone astray in a subsequent proceeding or to prevent its publication. (Slavutych v. Baker 1975 CanLII 5 (SCC), [1976] 1 S.C.R. 254, 38 C.R.N.S. 306, [1975] 4 W.W.R. 620 (S.C.C.)
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