The respondent brought an action against the appellants and during an examination on discovery, the appellants requested the production of numerous documents.
The respondent sought a confidentiality agreement to prevent the documents from being disclosed to third parties, which the appellants refused.
The Supreme Court of Canada held that there is an implied rule of confidentiality in Quebec civil procedure regarding information obtained at an examination on discovery.
The Court found that an examination on discovery is not a sitting of the court and that the implied rule of confidentiality protects privacy interests recognized in the Quebec Charter and the Civil Code of Québec.
