Letourneau v. Clearbrook iron works Ltd.

Letourneau v. Clearbrook iron works Ltd.

Application for relief from the implied undertaking was dismissed because the applicant failed to show special circumstances and the balance of injustice favored maintaining the undertaking; related but non-identical actions and common counsel were insufficient to justify release of discovery materials which were not part of the public record.

Citation
2003 FC 949
Parties
Plaintiff (defendant by Counterclaim): John Letourneau; Plaintiff (defendant by Counterclaim): Letourneau Life Rail Ltd.; Defendant (plaintiff by Counterclaim): Clearbrook Iron Works Ltd.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
1 August 2003
Procedural Posture
Civil Intellectual Property / Discovery Dispute / Interlocutory Motion (application for Relief From Implied Undertaking)
Outcome
Application dismissed
Legal Topics
Implied Undertaking Rule, Discovery, Confidentiality, Use of Discovery Materials in Related Litigation
Source Language
English
Civil Procedure Evidence Intellectual Property Implied Undertaking Rule Discovery Confidentiality Use of Discovery Materials in Related Litigation

Case Brief

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Parties

John Letourneau

Plaintiff (defendant by Counterclaim)

Letourneau Life Rail Ltd.

Plaintiff (defendant by Counterclaim)

Clearbrook Iron Works Ltd.

Defendant (plaintiff by Counterclaim)

Procedural Posture

Civil Intellectual Property / Discovery Dispute / Interlocutory Motion (application for Relief From Implied Undertaking)

Legal Issues

  1. 1 Whether the implied undertaking rule prevents use of discovery materials from a companion action
  2. 2 Whether relief from the implied undertaking should be granted where actions are related or counsel is common
  3. 3 How to balance the privacy/confidentiality interest against the interest in using discovery materials in related litigation

Ratio Decidendi

Application for relief from the implied undertaking was dismissed because the applicant failed to show special circumstances and the balance of injustice favored maintaining the undertaking; related but non-identical actions and common counsel were insufficient to justify release of discovery materials which were not part of the public record.

Court Disposition

Application dismissed

Orders

  • Application for relief from the implied undertaking dismissed
  • Costs in the cause