McNeil v. Rebellion Media Group Inc
- Citation
- 2013 FC 1031
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Federal Court
- Decision
- 16 October 2013
- Posture
- Civil Settlement/dismissal / Post Settlement Correction Motion
- Language
- English
More details
- Court
- Federal Court
- Decision
- 16 October 2013
- Posture
- Civil Settlement/dismissal / Post Settlement Correction Motion
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Notice of Discontinuance was struck out and the court ordered dismissal without costs based on the parties' consent; the single copy of the Minutes of Settlement that had been mistakenly filed was ordered expunged/destroyed, and because no confidential material remained the court declined to seal the record or issue a sealing order.
Court disposition
Action dismissed without costs by consent; Notice of Discontinuance struck out; Minutes of Settlement expunged; court confidential file expunged.
Orders
- The Notice of Discontinuance dated August 8, 2013 is struck out.
- The action is dismissed without costs based on the consent dated September 30, 2013.
- The Minutes of Settlement in the Court’s "A" file attached to a letter from counsel for the plaintiff of August 22, 2013 are to be expunged.
- The Court’s confidential orange file is to be expunged being no confidential material remaining on the file.
02
Material facts
Parties
Martin McNeil
Plaintiff Counsel: P. James Zibarras; John Philpott; Brauti Thorning Zibarras LLPRebellion Media Group Inc. and Ted Hastings a.k.a. Scott Hastings
Defendant Counsel: Kevin L. LaRoche; Borden Ladner Gervais LLP03
Procedural history
Posture
Civil Settlement/dismissal / Post Settlement Correction Motion
04
Questions and positions
Legal issues
- 01
Whether the Notice of Discontinuance should be set aside to give effect to parties' consent to dismiss the action
- 02
Whether the Minutes of Settlement filed inadvertently should be expunged/destroyed
- 03
Whether material and files should be sealed given the claimed confidentiality
Party arguments
- Applicant
- The plaintiff sought to correct two errors: (1) the Notice of Discontinuance filed August 8, 2013 should be set aside so the action can be dismissed on the parties' consent dated September 30, 2013; and (2) the Minutes of Settlement, which were intended to remain confidential, were mistakenly filed on the public file and should be expunged and the related records sealed.
- Respondent
- Defendants had entered into the settlement and there is no recorded opposition to the corrective relief; no substantive opposing argument is recorded in the reasons.
05
Court’s reasoning
Legal principles
- 01
Federal Court inherent jurisdiction and practice
A court may set aside or strike procedural filings to implement the parties' agreed disposition of the action and give effect to their consent.
- 02
Federal Court practice and Rule 369 (as referenced)
Confidential settlement documents mistakenly placed on the public file may be expunged or destroyed to protect confidentiality where appropriate.
- 03
Judicial discretion (Simpson J., Reasons for Order)
Sealing of records is discretionary and unnecessary where, after expungement/destruction of the confidential document, no confidential material remains on the court file.
06
Ratio, limits and disposition
Ratio decidendi
The Notice of Discontinuance was struck out and the court ordered dismissal without costs based on the parties' consent; the single copy of the Minutes of Settlement that had been mistakenly filed was ordered expunged/destroyed, and because no confidential material remained the court declined to seal the record or issue a sealing order.
Court disposition
Action dismissed without costs by consent; Notice of Discontinuance struck out; Minutes of Settlement expunged; court confidential file expunged.
- The Notice of Discontinuance dated August 8, 2013 is struck out.
- The action is dismissed without costs based on the consent dated September 30, 2013.
- The Minutes of Settlement in the Court’s "A" file attached to a letter from counsel for the plaintiff of August 22, 2013 are to be expunged.
- The Court’s confidential orange file is to be expunged being no confidential material remaining on the file.
Source and reliance status
Federal Court · 16 October 2013
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Federal Court
Judgment· 16 October 2013
McNeil v. Rebellion Media Group Inc Court (s) Database Federal Court Decisions Date 2013-10-16 Neutral citation 2013 FC 1031 File numbers T-646-13 Decision Content Date: 20131016 Docket: T-646-13 Citation: 2013 FC 1031 Ottawa, Ontario, October 16, 2013 PRESENT: The Honourable Madam Justice Simpson BETWEEN:
MARTIN MCNEIL Plaintiff and REBELLION MEDIA GROUP INC., AND TED HASTINGS A.K.A.
SCOTT HASTINGS Defendants
REASONS FOR ORDER AND ORDER [1] A review of the material filed shows that the plaintiff and defendants settled this action on the basis that: i) The action was to have been dismissed on consent without costs. However, the plaintiff filed a Notice of Discontinuance dated August 8, 2013 instead of filing a consent and seeking an order dismissing the action. ii) The contents of the Minutes of Settlement (the Minutes) were to have remained confidential. However, the Minutes were mistakenly filed on the court’s public file with a letter from counsel for the plaintiff dated August 22, 2013. [2] The plaintiff now seeks to correct these errors and relies on a Motion Record dated October 3, 2013 (the Record) which is marked “confidential.” The plaintiff asks for orders: - dismissing the action based on the consent dated September 30, 2013; - expunging the Minutes on the basis of confidentiality; - sealing the material filed with the August 22 letter (i.e. the Minutes) on the basis of confidentiality; - sealing the Motion Record on the basis of confidentiality; - sealing the sealing order on the basis of confidentiality. [3] Regarding the first problem it is my view that the best course is to set aside the Notice of Discontinuance and make an order dismissing the action. [4] Regarding the second problem, there is only one copy of the Minutes on the file and I will order it destroyed. Thereafter there will be nothing confidential in the Record or the file and accordingly there is no reason to seal any material.
ORDER FOR THESE REASONS, THIS COURT ORDERS that: 1. The Notice of Discontinuance dated August 8, 2013 is hereby struck out; 2. The action is dismissed without costs based on the consent dated September 30, 2013; 3. The Minutes of Settlement in the Court’s “A” file attached to a letter from counsel for the plaintiff of August 22, 2013 are to be expunged; and 4. The Court’s confidential orange file is to be expunged there being no confidential material remaining on the file. “Sandra J. Simpson” Judge
FEDERAL COURT
SOLICITORS OF RECORD Docket: T-646-13 STYLE OF CAUSE: MARTIN MCNEIL V REBELLION MEDIA GROUP INC., AND TED HASTINGS A.K.A. SCOTT HASTINGS CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369
REASONS FOR ORDER AND ORDER: SIMPSON J. DATED: OCTOBER 16, 2013 WRITTEN REPRESENTATIONS BY: P. James Zibarras John Philpott
FOR THE PLAINTIFF Kevin L. LaRoche
FOR THE DEFENDANTS SOLICITORS OF RECORD:
BRAUTI THORNING ZIBARRAS LLP Toronto, Ontario
FOR THE PLAINTIFF
BORDEN LADNER GERVAIS LLP Ottawa, Ontario
FOR THE DEFENDANTS
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