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Power of attorney/enduring powers 2025 BCSC 2366

Nixon Estate (Re)

The court dismissed a petitioner's application for third-party records and a pre-trial witness examination concerning capacity to execute a power of attorney and representation agreement.

  • Capacity to execute poa/mra
  • Solicitor‑client privilege and wills exception
  • Production of health and pgt records
  • Pre‑trial examination of non‑party under rule 7‑5
  • Parens patriae jurisdiction
  • Capacity-to-execute-power-of-attorney
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Administrative law 2025 FC 1370

Belisle v. Canada (Attorney General)

The Federal Court granted judicial review of a CHRC dismissal, finding the investigation lacked sufficient transparency and thoroughness and returning the matter for redetermination.

  • Chra screening and s.44 investigations
  • Thoroughness of administrative investigations
  • Bias and impartiality
  • Admissibility of new evidence on review
  • Accommodation of self-represented litigants with disabilities
  • Confidentiality orders
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Competition law 2025 Comp Trib 7

Rogers - Confidentiality Order

On consent, the Tribunal granted a confidentiality order under the Competition Act defining 'Protected Records', establishing a 'Confidential – Level B' designation with specified permitted recipients and procedures for designation, re-designation, compelled disclosure, retention, return or destruction, and retained jurisdiction to enforce and vary the order.

  • Confidentiality order
  • Protected records
  • Disclosure restrictions
  • Re-designation and return/destruction of records
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Human rights law 2025 CHRT 27

Zawilski v. Cogeco Connexion Inc.

The Tribunal granted Cogeco’s confidentiality motion and sealed five specified business documents, finding disclosure would risk confidential commercial interests.

  • Confidentiality orders
  • Open court principle
  • Trade secrets
  • Section 52 chra
  • Sherman (estate) test
  • In camera proceedings
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Immigration law 2024 FC 1085

Ali v. Canada (Public Safety and Emergency Preparedness)

Federal Court granted judicial review of an RPD vacation decision, finding procedural unfairness and unreasonableness in the treatment of photo evidence and identity records.

  • Vacation of refugee status
  • Misrepresentation
  • Procedural fairness
  • Disclosure and testing of evidence
  • Standard of review - reasonableness
  • Photographic comparison/facial recognition technology
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Human rights law 2024 CHRT 27

CB v. Canadian Security Intelligence Service

Applying the Sierra Club test and s.52 CHRA, the Tribunal found a real and substantial risk to public security from revealing the identities of CSIS employees engaged in covert operational activities under s.18(1) CSIS Act; the requested blanket anonymization of all past and present CSIS employees was overly broad, so the Tribunal granted a confidentiality/anonymization order limited to employees who were, are or are likely to become engaged in covert operational activities and imposed conditions for limited disclosure to the Complainant or Commission with confidentiality obligations.

  • Confidentiality orders
  • Open court principle
  • Anonymization of witnesses
  • Csis act s.18
  • Sierra club test
  • S.52 chra
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Human rights 2024 CHRT 21

Richards v. Correctional Service Canada

The motion was dismissed as premature because the documents are only proposed exhibits and not part of the Tribunal's official record; confidentiality requests must be specific as to pages/parts sought to be sealed and may be renewed if and when the proposed exhibits are admitted; redaction disputes (including the discipline letter) and admissibility will be resolved at the hearing and parties must narrow and focus their documentary and witness evidence.

  • Confidentiality of exhibits
  • Disclosure and redactions
  • Admissibility of evidence
  • Public access to tribunal records
  • Case management and proportionality
  • Retaliation
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Criminal law 2024 NSSC 199

R. v. A.(B.J.)

On the stage 1 threshold the judge found that the complainant's trial testimony established that Homewood (Wellness Together) and NSHA (Abbie J. Lane) sessions assisted her recall and thus those records are likely relevant and their in camera production is necessary in the interests of justice; by contrast Avalon records were not shown to have produced any new recall and did not meet the likely relevance threshold and therefore shall not be produced.

  • Third-party records production under s.278
  • Stage 1 likely relevance test
  • Necessity in the interest of justice
  • Therapeutic records confidentiality
  • Publication restriction (ss.486.4–486.5)
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Administrative law 2023 FC 1538

Export Development Canada v. Canada (Information Commissioner)

The Federal Court held that EDC could not withhold policy numbers and maximum liability amounts under the EDA or ATIA and ordered disclosure.

  • Subsection 24.3 eda
  • Subsection 18.1 atia
  • Statutory prohibitions
  • Trade secrets and commercial information
  • Confidentiality treatment
  • Access-to-information
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Civil litigation 2023 ONCA 520

Oliveira v. Oliveira

Motion judge did not err in concluding the Report was subject to the deemed undertaking and that disclosure to non‑parties (including the press) without consent was a serious breach warranting striking of the wrongful dismissal pleadings; contempt finding for breach of interlocutory injunctions was upheld because orders were clear, known and deliberately breached, but the sentencing judge erred in imposing an immediate term of incarceration without proper proportionality and totality analysis, so the appellate court set aside the custodial sentence and substituted a 14‑day conditional (house…

  • Deemed undertaking rule
  • Discovery
  • Breach of confidence
  • Interlocutory injunction
  • Civil contempt
  • Sanctions and costs
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.