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Federal Court contempt motion in IPTV piracy litigation: the Court allowed passport surrender only at the start of the penalty hearing and granted confidentiality for select exhibits.
La Corte negó una orden de confidencialidad y una medida cautelar interlocutoria en un conflicto laboral sobre una cláusula de no captación; la prueba de perjuicio irreparable fue insuficiente.
The court closed an account-review hearing and sealed the evidence to protect solicitor-client privilege from disclosure to the client’s spouse.
The Federal Court upheld most of a Prothonotary’s order compelling disclosure of Teva’s confidential trial materials, but required redaction of irrelevant portions.
Court found material change in circumstances and that the separation agreement’s clause waiving child support was ambiguous; the judge accepted respondent’s evidence that he relinquished substantial business interests in reliance on a promise but the written agreement did not clearly reflect that promise. Therefore the interim variation was rescinded (payments to date represent his obligation to that date) and a phased maintenance regime was ordered to balance the children’s interests with respondent’s past relinquishment and present limited means; additionally business records were ordered s…
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Applying the Sierra Club test the Court found a real and evidentiary grounded risk to the pre-hearing settlement process arising from disclosure of drafts and contents of agreed statements of fact; reasonable alternatives were inadequate and the salutary effects on settlement outweighed the deleterious effects on open courts. The Court therefore granted a limited confidentiality order sealing those parts of the affidavits and exhibits that would reveal agreed statements of fact or their drafts, dissolved the interim order, and ordered costs in the cause.
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The appeal was allowed in part because disclosure of who received confidential third‑party information, the dates and purposes of disclosure, and related access details (questions 3 and 4 and information at para 12) was necessary to determine whether confidentiality orders were breached; however questions that would require disclosure of counsel's legal advice, strategy or draft Agreed Statements of Fact (questions 1,2,7,10,11,12) were protected by solicitor‑client or litigation privilege or irrelevant and therefore not disclosable.
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The confidentiality motion was dismissed because the two affiliation agreements were not properly before the Court (they were not part of the record before the CRTC) and were not necessary to decide the leave to appeal application; consequently the confidentiality request was moot and the documents should be returned to the applicants.
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The appeal is dismissed because the trial judge exercised her discretion judicially and the appellant failed to meet the Saywack test for Rule 399(2)(a): the alleged new matter was discoverable earlier and the appellant, with reasonable diligence, was on notice of the proposed amendment and the documents subject to the US confidentiality order.
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