Bluewater Health v. Kaila, 2012 ONCA 629 is a useful source for the law as to when compliance with the deemed undertaking rule will be waived by the Court:
 In Juman v. Doucett,  SCJ No. 8 (S.C.C.), the Supreme Court of Canada considered when relief should be given against deemed undertakings. Binnie J., writing for the court, observed, at para. 35, that, “ where discovery material in one action is sought to be used in another action with the same or similar parties and the same or similar issues, the prejudice to the examinee is virtually non-existent and leave will be generally granted.”
 Here, the same parties are involved and the issue is again the relationship between those parties. Moreover, the e-mails at issue are allegedly an exchange between those very parties. The appellant has no privacy interest in the e-mails, and there is no prejudice to him.