GE Renewable Energy Canada Inc. v. CANMEC Industrial Inc., 2025 FC 478
Justice McHaffie - 2025-03-14
Read full decision. Generated by ChatGPT:
In this case, the central legal issue pertained to the "implied undertaking rule," which mandates confidentiality for information obtained during pre-trial discovery. The court needed to determine whether this confidentiality persisted after the information was filed in a pre-trial motion or only dissolved upon being presented at trial. The plaintiff sought clarification to use certain discovery information in a new proceeding, contending it was no longer bound by this rule. The court concluded that the implied undertaking ceases once information is filed in open court, including in interlocutory motions, thereby allowing public access and use without limitation. The court granted the plaintiff's motion, permitting the use of the information for a new claim while dismissing opposing arguments regarding breach of the implied undertaking and the motion's timeliness. Costs were awarded in fixed amounts against the defendants.
Decision relates to:
- T-1471-21 - GE RENEWABLE ENERGY CANADA INC v. CANMEC INDUSTRIAL INC.