The parties may agree on the appropriate protocol, or seek direction from the court in advance. (slaw.ca)
Acknowledging the issues were novel, the motions judge in SC v. NS concluded that the defendant / accused had breached the deemed undertaking of confidentiality when he used for his criminal defence the plaintiff's documentary productions from the civil case without first seeking directions from the court as to whether and how he could do so. (lernerspersonalinjury.ca)
Nonetheless, given the in - depth consideration of the issue in Wood, and the very clear direction from the Court, it is likely that courts in Ontario will return to a very strict interpretation of termination clauses in employment contracts. (ropergreyell.com)