In Canada, parties to a civil action must disclose all documents in their possession and control that relate to the lawsuit.
This broad documentary disclosure and production requirement has prompted many provinces to adopt an implied undertaking rule that protects parties from improper publication of the disclosure materials. Violation of this undertaking may lead to a conviction for Contempt of Court.
The disclosure material may only be published once it has been exposed in open court in some manner, such as in testimony, as an exhibit, or as part of an affidavit. Of course, the contents of the Discovery transcript may not be published.
Disclosure material and Discovery transcripts do occasionally appear in court files. Whoever handles this material must understand what may be copied and disseminated, and what must remain in the court file. Otherwise somebody may end-up facing an unsympathetic Judge. After all, ignorance is no defense.
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