Been Prosecuted? Hand Over The Disclosure In A Related Civil Suit

Much to the chagrin of a defendant, first prosecuted in regulatory proceedings and then sued, a court in Alberta has required regulatory records obtained from third parties to be disclosed by the regulatory agencies also sued in the civil action. The court concluded these records, constituting possible evidence in the prosecution, were not subject to the "implied undertaking rule".

Unless you're a lawyer regularly conducting civil trials, you probably haven't heard of the "implied undertaking rule". This rule requires that parties to a civil action undertake to the court that they will not use documents they have disclosed to each other other than for the purposes of the litigation. All relevant documents, not subject to solicitor-client privilege, have to be turned over.