Litigants in Ontario are required to disclose every document in their power, control or possession that is relevant to the lawsuit at hand.
Often times one party is concerned about disclosing documents to the other that may be highly confidential from a business perspective. The “deemed undertaking” rule in Ontario’s Rules of Civil Procedure operates to alleviate some of that concern.
The deemed undertaking rule provides that
“all parties and their lawyers are deemed to undertake not to use evidence or information to which this Rule applies for any purposes other than those of the proceeding in which the evidence . . . [more]