Canada Case Law

Whitecap Resources Inc. v Pulse Seismic Inc. - 2026 Comp Trib 18 - Confidentiality Order - CT-2026-003

Court

Competition Tribunal

The Tribunal concluded that a confidentiality order is necessary and should be issued in substantially the parties' proposed form, with defined Levels A, B and C and prescribed access limitations because affidavit evidence and submissions will include competitively sensitive information (prices, contracts, financials, plans) that could cause specific and direct harm if public; the order establishes who may access each level, permits up to six in‑house counsel and one additional designate per party subject to undertaking and Tribunal objection, requires public redacted versions, and preserves…

Source excerpt

• Leave under s.103.1
• Confidentiality orders
• Protective orders
• Designation of confidential information
• Access restrictions for counsel and experts

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Rogers Communications Canada Inc. c. Québécor Média Inc.

Court

Federal Court of Appeal

Given the prior December 15, 2023 disclosure order in favour of Rogers, fairness requires granting Québécor access to the same category of confidential information (affirmations, analysis and, if applicable, business plan supporting Rogers' final offer) on an 'external counsel and experts only' basis; the confidentiality order is modified to add a third tier but access by an internal designated representative is denied; QMI must file its response within 20 days of transmission with extensions only by court order on a demonstrated diligence standard.

Source excerpt

• Disclosure under court rules
• Confidentiality orders and tiers
• Access to third‑party tribunal records
• Timetable for filings
• Use of experts

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Realtech Capital Group Inc. v. 8866999 (New Oakridge) Ltd.

Court

Supreme Court of British Columbia

The court granted a limited sealing order over a confidential PSA in a foreclosure proceeding, but refused to seal the proposed purchaser’s identity.

• Sealing of court documents
• Public access to court records
• Foreclosure
• Conduct of sale
• Extension of redemption period
• Confidentiality clauses

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British Columbia (Director of Civil Forfeiture) v. PacNet Services Ltd.

Court

Supreme Court of British Columbia

The court granted a narrowed sealing order in civil forfeiture proceedings, applying Sherman and relying on a U.S. law opinion about possible prosecution risk.

• Sealing orders
• Public access to court records
• Sherman test (restrictions on openness)
• Compelled testimony and foreign prosecution risk
• Sealing-orders
• Public-access-to-court-records

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A.B. v. C.D.

Court

Federal Court

The Federal Court dismissed A.B.’s judicial review of CHRT restrictions on limited interested person status and awarded costs to C.D.

• Interested person status
• Standing
• Abuse of process
• Publication ban
• Rule interpretation
• Prematurity/exhaustion of remedies

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The National Association of Boards of Pharmacy v. Solaris Pharmaceuticals Inc.

Court

Supreme Court of British Columbia

The court enforced U.S. letters rogatory seeking documents and depositions from two B.C. companies for use in New York litigation, subject to confidentiality and cost terms.

• Letters rogatory
• Discovery of documents
• Examination for discovery (deposition)
• Public policy limitation on foreign assistance
• Protective orders and confidentiality
• Illegality defence

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Fibrogen, Inc. v. Akebia Therapeutics, Inc.

Court

Federal Court of Appeal

Gleason J.A. granted the interim stay because the appellant demonstrated a sufficiently serious issue on appeal (not frivolous or vexatious), refusal would render the appeal nugatory constituting irreparable harm, and the balance of convenience favoured a short interim stay to preserve the status quo pending determination of the stay pending appeal motion.

Source excerpt

• Stay pending appeal
• Implied undertaking rule
• Confidentiality agreements
• Public access to court records
• Mootness
• Sierra club confidentiality test

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Gayhart (Estate) v. Schanck

Court

Supreme Court of British Columbia

The court set aside an ex parte Mareva injunction for material non-disclosure, allowed leave to amend a defective notice of civil claim, and refused third-party disclosure.

• Mareva injunction
• Norwich pharmacal order
• Protective order breach
• Recognition and enforcement of foreign divorce judgment
• Striking pleadings
• Third party disclosure

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Stewart v. Stewart

Court

Supreme Court of British Columbia

Court enforced part of a settlement in a long-running family business dispute, granted limited disclosure and sealing relief, and denied most other requests.

• Settlement agreement enforcement
• Specific performance
• Breach of court orders
• Sealing orders and confidentiality
• Tax holdback/indemnity
• Share redemption and valuation

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Nisga'a Lisims Government v. Cardinal

Court

Supreme Court of British Columbia

The court refused NLG’s request to redact affidavits, lifted the sealing order, rescinded the publication ban, and stayed the orders briefly pending appeal or July 31, 2020.

• Sealing orders
• Redactions
• Publication bans
• Open court principle
• Commercial confidentiality
• Interim injunctions

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