Presumptively, parties are entitled to access each other’s non-privileged documents during the discovery stage of litigation. This presumption supports the fundamental idea that parties should provide each other with full disclosure of relevant documents as part of the litigation process.
Fulsome disclosure can involve production of information that is not otherwise publicly available – think trade secrets, client lists, supplier contracts, or medical records. Where this is the case, a party may ask the court to make a protective order, which controls who sees this sensitive information and prevents it from being made public.
Before a party asks for a protective order, it should probably read the Ontario Superior Court decision from 2021 titled Sinopoli v General Motors Company (2021 ONSC 244). This case provides thorough guidance as to when a protective order is appropriate. It is useful both for a party requesting a protective order and for a party who believes a protective order is being improperly requested.
Please log in to read the full article.