Law360 Canada ( October 20, 2017, 8:28 AM EDT) -- Appeal by NS of a decision that dismissed his motion for a declaration that he was not prohibited from using discovery evidence to impeach the evidence of a witness in a related criminal proceeding. NS asserted Rule 30.1 of the Rules of Civil Procedure did not prohibit him from making such use of information and documents obtained through discovery in the current civil action. NS argued the use of discovery evidence in the criminal trial was available according to the exception set out in Rule 30.1.01(6), which allowed such use for impeachment. The respondent SC claimed NS had twice assaulted her, which led to criminal proceedings in 2014 in Waterloo and Toronto. The motion judge determined pre-authorization from the court was required for use of discovery evidence under the impeachment exception set out in Rule 30.1.01(6), due to the oversight role of the court in regard to compliance with the undertaking. The issue for determination on appeal was whether a party or counsel needed to seek directions from the court prior to using evidence under one of the exceptions set out in Rule 30.1. The respondent submitted that a plain reading of the impeachment exception, by which a party could automatically use discovery material for that purpose, would be detrimental to plaintiffs/complainants in the sexual assault context and would allow unlimited distribution of the discovery material to third parties....