The deemed undertaking rule

Type :

Term papers

Pages :

5 pages

Format :

.doc

Published date :

07/30/2009

Category :

Law & contracts

Sub category :

Business law

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Summary :

Introduction
Goodman v. Rossi
Livent Inc. v. Drabinsky
Juman v. Doucette
Other jurisdictions
Concluding analysis
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.