From: Gerard Sadlier <gerard.sadlier@gmail.com>
To: obligations@uwo.ca
Date: 09/04/2015 09:56:47 UTC
Subject: Confidentiality Agreements and Third Party Litigation

Dear all,

I'd be interested in any comments (or authorities) you may have on the
following hypothetical.

Suppose that A has a confidentiality agreement with B. Suppose that A
is later sued by C, a third party and proposes to rely on information
which is confidential to B in open Court to defend the proceedings.
Suppose that A's confidentiality agreement with B does not contain an
exception permitting A to make disclosure in such circumstances?

Are there any circumstances in which A would have a defence to a claim
for breach of contract by B?

Does your answer differ, if B and C are related in some way, while not
being identical - for example because B has an interest in C (while
not being the owner of a 'one man company').

Thoughts (and self promotion re: publications) welcome.

Kind regards

Ger