Non-disclosure undertaking
A non-disclosure undertaking is a promise to keep information confidential. In business it is often used loosely for a non-disclosure agreement, but in BC litigation an undertaking has special meanings, including a lawyer's professional undertaking and the implied undertaking that governs documents obtained in discovery.
How BC law treats it
Documents and evidence obtained through pretrial discovery are subject to an implied undertaking to use them only for that litigation unless the court orders otherwise (Juman v Doucette, 2008 SCC 8). Breach can be contempt of court, and breach of a lawyer's undertaking is a serious professional matter.
What it means for your business
If your business receives another party's documents in a lawsuit, it cannot use them for business purposes outside the case.
Risks and common mistakes
Using discovery documents in another dispute or a commercial negotiation without court permission can lead to contempt proceedings.
For the full explanation, see our entry on Non-disclosure agreement.
General information about British Columbia and Canadian law, current to October 2026. It is not legal advice.
