Quebec clarifies rules for sharing commercial information between litigants

By Daniel Urbas (April 19, 2018, 9:05 AM EDT) -- 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....