The deemed undertaking rule

Type :

Term papers

Pages :

5 pages

Format :

.doc

Published date :

07/30/2009

$ 10.95 Add to cart

Summary :

 
 

Table of Contents The deemed undertaking rule Table of Contents

 
  1. Introduction
  2. Goodman v. Rossi
  3. Livent Inc. v. Drabinsky
  4. Juman v. Doucette
  5. Other jurisdictions
  6. Concluding analysis
  7. Bibliography

Abstract

The "deemed undertaking" rule (30.1) functions to prevent information gathered during discovery from being disclosed. The rule itself serves to protect information that respondents may be forced to divulge during discovery by ensuring that any information cannot be used in other proceedings. It is applied by default to all information revealed during discovery, be it written or oral discovery, medical examinations or inspections. Those seeking relief from the rule are required to petition the courts. The rule is a relatively new addition to Canadian Law, having only first been discussed domestically in 1985. It is codified in only three jurisdictions but exists elsewhere as an implied undertaking within the common law framework. The fact that it is not codified in every jurisdiction should not undermine its import and centrality to the discovery process. The rule states that:

(3) All parties and their counsel are deemed to undertake not to use evidence or information to which this rule applies for any purpose other than those of the proceeding in which the evidence was obtained.

See similar documents : Business law

1
 
Employee welfare measures

Term papers  |  03/17/2009   |  en  |  .doc  |  7 pages

2
 
Export incentive in BHEL

Indian project  |  06/22/2009   |  en  |  .doc  |  42 pages

3
 
Roadblocks, Forces and Reform in Egyptian Politics

Term papers  |  12/11/2007   |  en  |  .doc  |  6 pages

4
 
Michelangelo's Last Judgement

Presentation  |  04/24/2008   |  en  |  .doc  |  3 pages

5
 
Law of copyright with amendments and case studies showing infringement

Indian project  |  03/05/2009   |  en  |  .doc  |  23 pages

Latest in the category : Business law

1
 
Doing business in China: The Citibank's way

Term papers  |  10/27/2009   |  en  |  .doc  |  5 pages

2
 
Business ethics and social responsibility

Term papers  |  09/14/2009   |  en  |  .doc  |  3 pages

3
 
The deemed undertaking rule

Term papers  |  07/30/2009   |  en  |  .doc  |  5 pages

4
 
International business law (2006)

Term papers  |  05/17/2009   |  en  |  .doc  |  7 pages

5
 
Do you think Lister v Hesley Hall [2001] UKHL 22 was correctly decided by the House of Lords?

Term papers  |  05/17/2009   |  en  |  .doc  |  4 pages

Change Currency

About the author :

pencil image Lawrence W.  
Level :General public Study : Social sciences School/University : University of Toronto

From the same author :

Bill C-36 and Canadian border security

Term papers  |  09/25/2009  |  us  |  .doc  |  8 pages

Brain-exercising creativity coach businesses to open - How to use writing, music, drama & art therapy techniques for healing

Term papers  |  09/25/2009  |  us  |  .doc  |  13 pages

Analysis of the Fundamentalism theory

Term papers  |  09/25/2009  |  us  |  .doc  |  6 pages