M.H.B. v. A.B.

M.H.B. v. A.B.

Applying the Dagenais/Mentuck framework the court found a serious risk to the administration of justice if identities were published and that reasonably alternative measures would not prevent the risk; the salutary effects of limited, time‑bound anonymity for both parties outweighed the deleterious effects. The plaintiff was allowed to proceed under a pseudonym; the defendant was granted a deferred/time‑limited pseudonym until trial subject to review. The second Michelle Flick affidavit containing unauthenticated Facebook screenshots was inadmissible as hearsay and not authenticated.

Citation
2016 NSSC 137
Parties
Plaintiff: M.H.B.; Defendant: A.B.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
24 June 2016
Procedural Posture
Civil Tort (alleged Historical Sexual Abuse) / Interlocutory Motion Re: Pseudonym / Publication Limitation
Outcome
Application granted in part: plaintiff permitted to use pseudonym; defendant permitted to use pseudonym on a time‑limited/deferred basis until trial; certain evidence excluded.
Legal Topics
Pseudonymity, Publication Ban, Dagenais/mentuck Test, Open Courts Principle, Youth Anonymity, Admissibility of Evidence (authentication/hearsay)
Source Language
English
Civil Litigation Privacy/publication Bans Constitutional Law Open Courts and Freedom of Expression Youth Justice / Criminal Law Principles Pseudonymity Publication Ban Dagenais/mentuck Test Open Courts Principle +2 more

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Parties

M.H.B.

Plaintiff

A.B.

Defendant

Procedural Posture

Civil Tort (alleged Historical Sexual Abuse) / Interlocutory Motion Re: Pseudonym / Publication Limitation

Legal Issues

  1. 1 Whether the parties should be permitted to proceed under pseudonyms
  2. 2 Whether the Dagenais/Mentuck test is satisfied to limit open courts
  3. 3 Whether alternative measures would prevent a serious risk to the administration of justice

Ratio Decidendi

Applying the Dagenais/Mentuck framework the court found a serious risk to the administration of justice if identities were published and that reasonably alternative measures would not prevent the risk; the salutary effects of limited, time‑bound anonymity for both parties outweighed the deleterious effects. The plaintiff was allowed to proceed under a pseudonym; the defendant was granted a deferred/time‑limited pseudonym until trial subject to review. The second Michelle Flick affidavit containing unauthenticated Facebook screenshots was inadmissible as hearsay and not authenticated.

Court Disposition

Application granted in part: plaintiff permitted to use pseudonym; defendant permitted to use pseudonym on a time‑limited/deferred basis until trial; certain evidence excluded.

Orders

  • Plaintiff M.H.B. permitted to be identified by initials 'M.H.B.' in court records and filings.
  • Defendant A.B. permitted to be identified by initials 'A.B.' on a deferred/time‑limited basis until the commencement of trial; trial judge may revisit this order.