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Quebec clarifies rules for sharing commercial information between litigants

Thursday, April 19, 2018 @ 9:05 AM | By Daniel Urbas

The Quebec Superior Court took the opportunity to use old measures to encourage new solutions, ordering parties to shield sensitive commercial information transmitted by one litigant to a joint expert. In AllRail inc. v. Administration portuaire de Montréal 2018 QCCS 1125, Justice Pierre-C. Gagnon limited the other party’s representatives’ access on a need-to-know basis and then only in exchange for their prior signature of a confidentiality undertaking. Justice Gagnon’s motivation rested on his intent to nurture litigants’ increased interest in using joint experts.

The dispute stemmed...