How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Legal Ease Your Own Question
Legal Ease
Legal Ease, Lawyer
Category: Canada Business Law
Satisfied Customers: 101433
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
Type Your Canada Business Law Question Here...
Legal Ease is online now
A new question is answered every 9 seconds

Recently we discussed a NOCC where I personally am the

Customer Question

Recently we discussed a NOCC where I personally am the Plaintiff and the Defendant is a business consultant that also started a business which has used my confidential information to file a patent. The main issues are intellectual property and breach of
trust. You have previously suggested adding my company to the claim. It was in receivership, but the assets have been sold and the receiver says I can resume business next month. The business contract with the Defendant was started before the receivership.
The Defendant is now requesting precise details on which confidential information that was provided to them. My understanding is that details are a matter for discovery. I have already provided the List of Documents and they have provided theirs. Is it necessary
to provide additional information prior to discovery? They said they will file an Affidavit to demand further particulars. How should this be defended? Finally, since the receiver says it may take another month to complete the paperwork, can I successfully
ask the court to delay the proceedings until then.
Submitted: 2 years ago.
Category: Canada Business Law
Expert:  Legal Ease replied 2 years ago.

Thank you for starting a new post.

There can be a demand for particulars and if you don't provide them they can bring a motion to get an order and you may get stuck with paying cost for the motion.

So you should provide the information if you can. Any documents have to be provided prior to discover unless you learn of them later and then they must produced when you discover them.

You can say you need more time and explain why or seek an adjournment if necessary.

Customer: replied 2 years ago.
Thanks for your answer. I have already provided all the documents that describe, among other things, the technical and confidential information they are requesting. It appears that they want me to identify each piece of information in each document that is technical and confidential so that they can dispute the confidentiality of the information. In that case, is it necessary, prior to discovery, to describe each of the document in detail - for which I consider to contain confidential information.
Expert:  Legal Ease replied 2 years ago.

You have to provide them anything that you want to rely on in court as well as anything that is relevant. If you have a reason for not wanting to provide these documents then you can tell them why and tell them that, if necessary, you are happy to have a court decide. Then, they can bring this before a judge and you can explain to the judge why you do not want to provide this information and they will explain to the judge why they want it and the judge will decide whether you need to disclose it or not.

If you are able to redact the documents so that they are so meaningful for the other side but would then maintain the confidentiality that you are concerned about you may be able to do that. This is a common practice when documents are needed but would reveal too much by way of confidentiality.

Customer: replied 2 years ago.
Thanks...perhaps I can try one last time to make myself more clear. In the list of discovery documents (125 items) they show the confidential information - however, some of the documents pertain to other matters. I have already pointed to several documents that are confidential. My question is this: is it necessary to go through the 125 documents and say, in detail, which of the information is confidential - and why?
Expert:  Legal Ease replied 2 years ago.

You can redact (black out) the parts that are confidential and not relevant to this lawsuit.

Customer: replied 2 years ago.
Thanks again for your fast response, but sorry...that was not the question. I have taken the defendant (a consultant) to court because they used my confidential information to form another company. Their contracted intent (non-disclosure agreement, etc.) was to sell my company. Instead they formed a separate company with the same technology. I provided all this information to them. Now the defendant's lawyer is asking for further and better particulars - in part, it appears, to prove the information was not confidential. I am asking you if I have to go through each of the 125 claim documents and describe which of the information, in my opinion, was considered confidential. Essentially, this appears to be proving the case before discovery - which I thought wasn't necessary.
Expert:  Legal Ease replied 2 years ago.

You can say that this is too onerous and you cannot do this by way of written statements but instead you will answer all their questions to the best of your ability when you are discovered orally.

Customer: replied 2 years ago.
How do I apply for an adjournment since they won't allow more time to prepare answers to their questions.
Expert:  Legal Ease replied 2 years ago.

If they will not agree to adjourn the discoveries you would bring an application to the court by way of motion.