Canada Case Law

Doordash - Ordonnance établissant l'échéancier (traduction à venir)

Court

Competition Tribunal

The Tribunal concluded that the joint proposed schedule respected the directive in s.9(2) of the Competition Tribunal Act and the Timelines Direction and therefore granted a scheduling order setting specific deadlines for disclosure, motions, discovery, mediation, evidentiary filings, and the hearing dates; the timetable ensures an expeditious and fair process respecting parties’ proposals.

Source excerpt

• Scheduling orders
• Pre-hearing disclosure
• Examinations for discovery
• Confidentiality designations
• Motions practice
• Mediation

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Martin - Confidentiality Order

Court

Competition Tribunal

Because the Apple Respondents established the need for temporary confidentiality and all Parties consented, the Tribunal issued the confidentiality order in substantially the proposed form, temporarily designating the specified redacted U.S. transcript as a Protected Record and setting out marking, limited disclosure, re‑designation and destruction procedures.

Source excerpt

• Leave under s.103.1
• Protected records
• Confidentiality orders
• Disclosure restrictions
• Document marking and destruction

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Marchetti v. Lane

Court

Supreme Court of British Columbia

The court dismissed the respondent’s interlocutory application in a family law dispute, refused to remove counsel or grant confidentiality relief, and awarded special costs.

• Parenting/child custody
• Arbitration award enforcement and filing
• Implied undertaking/confidentiality
• Removal of counsel
• Adjournment of application
• Vexatious litigant

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NSD Disposal Limited v. Ruppel

Court

Supreme Court of British Columbia

The court granted limited confidentiality relief, but refused to extend non-solicitation restraints or order a forensic device search, finding the plaintiff had not met the higher test.

• Non-solicitation
• Restrictive covenant
• Forensic computer examination
• Anton piller
• Confidential information
• Constructive dismissal

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Canada Mining Exchange Company Limited v. Zhaojin Mining Industry Co. Ltd.

Court

Court of Appeal for Ontario

CME failed to establish that it introduced Sabina to the respondents or provided confidential information because Sabina and the respondents had already introduced themselves and CME only forwarded a publicly available NI 43-101 report; accordingly CME was not entitled to the claimed commission and the summary judgment dismissal was upheld.

Source excerpt

• Referral/commission entitlement
• Introduction requirement
• Confidential information
• Summary judgment
• Costs

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Dempsey v. Pagefreezer Software Inc.

Court

Nova Scotia Court of Appeal

The court granted the respondents' request to seal the identified affidavits because all three Sherman Estate factors were satisfied: (1) an important public interest existed in maintaining confidentiality, notably judicial comity given existing British Columbia sealing orders; (2) sealing was necessary because redaction was not a reasonable alternative as the confidential material pervaded the affidavits and redaction would render the documents unintelligible or impractical to produce; and (3) on proportionality the benefits of preserving comity and protecting confidential commercial and set…

Source excerpt

• Sealing orders
• Sherman estate test
• Redaction as alternative measure
• Recognition and enforcement of foreign judgments
• Security for costs

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Bellissimo Living Ltd. v. Enqore Developments Ltd.

Court

Nova Scotia Small Claims Court

Adjudicator held that pre-hearing production is properly ordered in Small Claims Court by issuing reciprocal subpoenas and setting a notional return date; the standard for production is documents relevant or likely to lead to discovery; an implied undertaking of confidentiality attaches to pre-trial disclosure; enforcement of breaches may be pursued in superior court if necessary; subpoenas should be Form 3 under regulations, require electronic service on counsel rather than personal service, exclude metadata, and be returned at a telephone hearing with a substantive hearing to be fixed there…

Source excerpt

• Pre-hearing disclosure
• Subpoena
• Relevancy
• Confidentiality undertaking
• Enforcement of confidentiality
• Jurisdiction

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Walker v. Kotarska

Court

Supreme Court of British Columbia

The court denied a chambers application to allow disclosure of confidential corporate records to unnamed third parties under non-disclosure agreements.

• Disclosure of confidential corporate information
• Conduct orders under the family law act (ss.222,227)
• Implied undertaking rule
• Shareholders' agreement confidentiality
• Fiduciary duties
• Settlement facilitation

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EF Institute for Cultural Exchange Limited v. WorldStrides Canada, Inc.

Court

Court of Appeal for Ontario

The Court concluded the evidence on the record was insufficient to establish that Conklin breached confidentiality or the restrictive covenant or that WorldStrides knowingly assisted any breach; the respondents met the evidentiary burden on summary judgment and there was no genuine issue requiring trial, so the appeal was dismissed.

Source excerpt

• Summary judgment
• Severance agreement
• Non-compete
• Breach of confidence
• Fiduciary duty
• Disgorgement

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Yukon (Government of) v. Norcope Enterprises Ltd.

Court

Yukon Court of Appeal

The Court of Appeal granted a stay of execution pending appeal on conditions and sealed an affidavit containing confidential financial information.

• Stay of execution
• Security for judgment
• Apportionment of liability
• Performance bond
• Sealing order
• Irreparable harm

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