Chemtura Canada Co. (Re)

Chemtura Canada Co. (Re)

The applicant failed to meet the DMS test: the evidence was speculative and did not establish a real and substantial risk to an important commercial interest nor that reasonable alternatives would not prevent the risk; further, public access is required where the court waived statutory creditor notice because the public and creditors are entitled to the material on which that waiver was based; accordingly the permanent sealing order was refused.

Citation
2008 NSSC 14
Parties
Applicant (amalgamated Company): Chemtura Canada Co./Cie; Amalgamating Party: Anderol Canada Corp.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
21 January 2008
Procedural Posture
Application Under Companies Act for Amalgamation Approval and Subsequent Application for Sealing Order / Decision on Supplementary Application to Permanently Seal Financial Affidavits Following Amalgamation Approval
Outcome
Application to permanently seal the financial affidavits dismissed; temporary sealing maintained for a limited period.
Legal Topics
Amalgamation, Sealing Orders, Open Court Principle, Dagenais/mentuck/sierra Club Test, Notice to Creditors
Source Language
English
Corporate Law Civil Procedure Access to Courts/publication Bans Privacy/confidentiality Law Amalgamation Sealing Orders Open Court Principle Dagenais/mentuck/sierra Club Test +1 more

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Parties

Chemtura Canada Co./Cie

Applicant (amalgamated Company)

Anderol Canada Corp.

Amalgamating Party

Procedural Posture

Application Under Companies Act for Amalgamation Approval and Subsequent Application for Sealing Order / Decision on Supplementary Application to Permanently Seal Financial Affidavits Following Amalgamation Approval

Legal Issues

  1. 1 Whether affidavits containing financial information filed in support of an amalgamation approval should be permanently sealed
  2. 2 Whether the Dagenais/Mentuck/Sierra Club (DMS) test for publication bans/confidentiality orders is met
  3. 3 Whether waiving statutory creditor notice justifies withholding from the public the material relied on by the court

Ratio Decidendi

The applicant failed to meet the DMS test: the evidence was speculative and did not establish a real and substantial risk to an important commercial interest nor that reasonable alternatives would not prevent the risk; further, public access is required where the court waived statutory creditor notice because the public and creditors are entitled to the material on which that waiver was based; accordingly the permanent sealing order was refused.

Court Disposition

Application to permanently seal the financial affidavits dismissed; temporary sealing maintained for a limited period.

Orders

  • Application dismissed.
  • Documentation to remain sealed for 20 days to permit appeal and any stay application.