In Iris Technologies Inc. v. Canada (Fed CA, 2024) the Federal Court of Appeal considered the 'implied undertaking' rule, here in the federal court context:
[1] The implied undertaking rule precludes a party to a civil proceeding from using information another party was compelled to produce for any purpose other than that proceeding. The undertaking applies automatically and until the information is used in open court or is otherwise made public: Juman v. Doucette, 2008 SCC 8; Fibrogen, Inc. v. Akebia Therapeutics, Inc., 2022 FCA 135. However, the Court may relieve against the undertaking if the applicant demonstrates that the interests of justice served by doing so outweigh the values the implied undertaking is intended to protect: Juman at paras. 32-34.
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