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The court struck the defendant’s response for repeated non-compliance, abuse of process, and breach of an injunction, and entered default judgment for the plaintiffs.
The Tribunal found Mr. Richards breached the implied undertaking rule by sharing a disclosed exhibit on social media and ordered remedial steps plus sealing of motion screenshots.
The Tribunal allowed some redactions in medical records, ordered disclosure of others as arguably relevant, restricted access during case management, and dismissed a confidentiality request as premature.
The Province sought declarations about waiver of litigation privilege and the implied undertaking for expert reports and other litigation materials, but the court adjourned the application generally.
The court granted limited relief from the implied undertaking of confidentiality, allowing use of a 2014 memo in a judicial review, but refused broader document relief.
The court relaxed the implied undertaking and allowed discovery evidence from the Norseyl action to be used in a related oppression proceeding.
The court dismissed Canada Life’s document production application, finding the demand procedurally defective, largely irrelevant to the pleaded issues, and tainted by an apparent ulterior purpose.
The Tribunal granted the Commission's motion with modifications: it ordered specified Commission and Complainant document lists sealed from public access; required the Commission and Complainants to file amended document lists redacting documents bearing BCSC Bates numbering beginning with 'F' unless those documents appear on the exhibit list provided or are otherwise shown to be public exhibits; ordered the Commission and Complainants (and RCMP where applicable) to seal or destroy redacted materials; and ordered the RCMP to disclose within 60 days all arguably relevant documents in its posse…
Source excerpt
In a defamation action, the Court partially granted document production limited to complaints about the officer that specifically mention defamation, slander, or libel.
The court refused EGBC leave to use discovery materials to investigate engineers, finding the implied undertaking of confidentiality outweighed the regulator’s public interest.
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