Tagged deemed undertaking rule

Rule 30.1 ~ The Quicksand between Rules 30 and 31

Recently, my opposing counsel in a product liability matter cited the “Deemed Undertaking Rule” as grounds for the manufacturer not to comply with a discovery undertaking to produce information from prior incidents linked to the same device. (la version française suit) If my opponent were right, she would have landed in a patch of professional responsibility quicksand.  Under subrule 4.01(7) of the Law Society of Upper Canada’s Rules of Professional Conduct, she was obliged to fulfil the undertaking, clearly recorded in the discovery transcript.  If my friend gave an undertaking which she could not fulfil, she had already breached rule…