Julia Lefebvre

The plaintiff sued a fraternal organization and several of its members.

The parties negotiated a settlement, but the plaintiff unilaterally settled with the US defendants and purported to withdraw from the settlement with the Ontario defendants just before a convention, citing delays in receiving signed documents and funds.

The Ontario defendants brought a motion to enforce the settlement under Rule 49.09.

The court granted the motion, finding that the plaintiff had not made a deadline an essential term of the agreement and suffered no prejudice, as he had already achieved his primary goal of reinstatement through the US settlement.

The moving parties sought an order restraining a private investigator from disclosing or assisting others in disclosing documents and information obtained through the discovery process in related civil litigation.

The investigator, who was not a party to the action, had obtained thousands of documents produced on discovery and had disseminated some of them to third parties, including media outlets, and moved the documents outside the jurisdiction.

The court considered the scope and purpose of the deemed undertaking rule under Rule 30.1.01 of the Rules of Civil Procedure and authorities recognizing that the rule protects discovery material from collateral use.

It held that the court has jurisdiction to restrain third parties who knowingly obtain and use discovery documents contrary to the rule.

Given the investigator’s deliberate conduct in soliciting and disseminating the documents and attempting to evade court authority, a restraining order was warranted.