The appellant, a childcare worker, was sued in negligence after a child suffered a brain injury in her care.
During the civil proceedings, the police investigated the appellant criminally.
The appellant sought to prevent the disclosure of her civil discovery evidence to the police, relying on the implied undertaking rule.
The Supreme Court of Canada held that the implied undertaking rule applies to discovery evidence that may disclose criminal conduct, and that parties cannot generally disclose such evidence to the police without a court order.
The Court allowed the appeal, preventing the disclosure of the discovery transcripts to the police without a proper search warrant.
