Gérard Dugré

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.

The appellant landscaping and lawn care companies challenged a Town of Hudson by-law that restricted the use of pesticides within its perimeter to specified locations and activities.

The appellants argued the by-law was ultra vires the municipality's authority and conflicted with federal and provincial pesticide legislation.

The Supreme Court of Canada held that the by-law was validly enacted under the general welfare provision of the provincial Cities and Towns Act, as it was genuinely aimed at furthering public health and safety.

The Court also found no operational conflict with federal or provincial legislation, as dual compliance was possible, establishing a tri-level regulatory regime for pesticides.