No Limits Sportswear Inc. v. 0912139 B.C. Ltd.

No Limits Sportswear Inc. v. 0912139 B.C. Ltd.

The chambers judge did not err in principle in relieving the Pakage Parties of the implied undertaking because the lawsuits and parties were sufficiently related and deference is owed to his discretionary exercise; however, he failed to make adequate factual findings regarding the alleged breach of the undertaking and that issue must be remitted to the trial judge for determination.

Citation
2014 BCCA 258
Parties
Appellant/plaintiff: No Limits Sportswear Inc.; Respondent/defendant: 0912139 B.C. Ltd.; Respondent/defendant: Pakage Holdings Inc.; Respondent/defendant: Keyhole Technologies Inc.; Respondent/defendant: Pakage Apparel Inc.; Respondent/defendant: Dustin Bigney; Respondent/defendant: Desmond Price; Respondent/defendant: Shawn Ellis; Respondent/defendant: Scott Hannan; Respondent/defendant: Glen Kirk; Respondent/defendant: KE Imports Ltd.; Respondent/defendant: Gregg Alfonso
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
20 June 2014
Procedural Posture
Civil Appeal From Chambers Order Concerning Implied Undertaking of Confidentiality / Court of Appeal Decision Remitting Factual Issue to Trial Judge; Appeal Otherwise Dismissed
Outcome
Appeal allowed in part and remitted; order waiving implied undertaking upheld; question of prior breach remitted to trial judge; otherwise appeal dismissed.
Legal Topics
Implied Undertaking, Discovery, Waiver of Confidentiality, Breach of Undertaking, Standard of Review, Remittal
Source Language
English
Civil Procedure Evidence Privacy Commercial Litigation Injunctive Relief Implied Undertaking Discovery Waiver of Confidentiality +3 more

Case Brief

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Parties

No Limits Sportswear Inc.

Appellant/plaintiff

0912139 B.C. Ltd.

Respondent/defendant

Pakage Holdings Inc.

Respondent/defendant

Keyhole Technologies Inc.

Respondent/defendant

Pakage Apparel Inc.

Respondent/defendant

Dustin Bigney

Respondent/defendant

Desmond Price

Respondent/defendant

Shawn Ellis

Respondent/defendant

Scott Hannan

Respondent/defendant

Glen Kirk

Respondent/defendant

KE Imports Ltd.

Respondent/defendant

Gregg Alfonso

Respondent/defendant

Procedural Posture

Civil Appeal From Chambers Order Concerning Implied Undertaking of Confidentiality / Court of Appeal Decision Remitting Factual Issue to Trial Judge; Appeal Otherwise Dismissed

Legal Issues

  1. 1 Whether the implied undertaking of confidentiality over discovery may be waived to permit use in related litigation
  2. 2 Whether the parties and issues in the two actions were sufficiently same or similar to justify waiver
  3. 3 Whether the respondents breached the implied undertaking prior to the chambers order

Ratio Decidendi

The chambers judge did not err in principle in relieving the Pakage Parties of the implied undertaking because the lawsuits and parties were sufficiently related and deference is owed to his discretionary exercise; however, he failed to make adequate factual findings regarding the alleged breach of the undertaking and that issue must be remitted to the trial judge for determination.

Court Disposition

Appeal allowed in part and remitted; order waiving implied undertaking upheld; question of prior breach remitted to trial judge; otherwise appeal dismissed.

Orders

  • Appeal allowed in part
  • Order of Masuhara J. waiving the implied undertaking is upheld and will not be set aside on this appeal