8420. Deemed undertaking 

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    1. In this section, “information” means evidence and information obtained from a party that is required to be disclosed or provided pursuant to sections 8416, 8417, 8418 and 8419 prior to a hearing on the merits, including evidence and information disclosed or provided in a prehearing conference, and any information obtained from such evidence or information. 

    2. This section does not apply to information obtained otherwise than under section 8416, 8417, 8418 or 8419 or in a prehearing conference

    3. A party and its counsel or agent are deemed to undertake not to disclose or use information for any purposes other than those of the proceeding in which the information was obtained, without the consent of the party who disclosed or provided the information or information on the basis of which the information was obtained. 

    4. Subsection 8420(3) does not prohibit use of information that is: 

      1. filed with the National Hearing Officer

      2. given or referred to during a hearing, or 

      3. obtained from information referred to in clauses 8420(4)(i) and 8420(4)(ii). 

    5. Notwithstanding subsection 8420(3), information may be used to impeach the testimony of a witness in another proceeding. 

    6. A hearing panel may permit the use of information that is subject to this section for purposes other than those of the proceeding in which it was disclosed or provided, if the hearing panel is satisfied that the public interest outweighs any prejudice that would result to the party who disclosed the information or the person from whom it was obtained by that party, subject to any terms and conditions the hearing panel considers just.

    There is no history log for this rule.

    There is no history log for this rule.