The Applicant, Secure Energy Services Inc. (“Secure”), applied pursuant to Rule 5.33 for leave to provide documents produced by the Respondent, CCS Corporation (“CCS”), to the Competition Bureau of Canada (“Competition Bureau”).

The Court held that Rule 5.33 is a codification of the implied undertaking rule. The Court held that, although there was no direct evidence that the real reason Secure brought the Application was to apply pressure on CCS in furtherance of the Action, that is exactly the result that would occur if Secure could release the documents to the Competition Bureau. The Court noted that the reasons for this Judgment were public, and given the broad powers available to the Competition Bureau, there appeared to be nothing to prevent it from compelling the production of the records if it so wished.

The Application was dismissed.