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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Doe v. Nova Scotia (Provincial Dental Board)

Court

Supreme Court of Nova Scotia

The motion for a confidentiality order is denied because the applicant failed to satisfy the Sherman Estate three-step test: there was no evidence that court openness posed a serious risk to an important public interest, no necessity shown that alternative measures would not prevent any risk, and no proportionality analysis supported restricting openness; accordingly the prothonotary's interim confidentiality order is rescinded.

Source excerpt

• Confidentiality orders
• Open courts principle
• Publication ban
• Judicial review
• Disciplinary hearings
• Sherman estate test

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Canada (Attorney General) v. El Didi

Court

Federal Court

The Federal Court confirmed confidentiality for emails about appointing an amicus curiae in CEA section 38 applications, applying the Sherman Estate test and refusing journalist access.

• Open court principle
• Canada evidence act s.38
• Amicus curiae appointment
• Confidentiality orders
• Publication bans
• Sherman estate test

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Morel v. Global Affairs Canada

Court

Canadian Human Rights Tribunal

The Tribunal granted a confidentiality order to protect sensitive medical and biographical records, ordered sealing and targeted redactions, and allowed privileged passages to be redacted.

• Confidentiality orders
• Open court principle
• Section 52 chra
• Solicitor-client privilege
• Redaction
• Privacy and dignity

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Ryan Richards v. Correctional Service Canada

Court

Canadian Human Rights Tribunal

The Tribunal dismissed CSC’s motion to dismiss, found Mr. Richards’ non-compliance with prior orders was an abuse of process, and ordered a signed compliance statement.

• Abuse of process
• Implied undertaking rule (confidential disclosure)
• Dismissal of complaints
• Reasonable apprehension of bias
• Confidentiality orders
• Right to counsel

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Martin - Confidentiality Order

Court

Competition Tribunal

Because the Apple Respondents established the need for temporary confidentiality and all Parties consented, the Tribunal issued the confidentiality order in substantially the proposed form, temporarily designating the specified redacted U.S. transcript as a Protected Record and setting out marking, limited disclosure, re‑designation and destruction procedures.

Source excerpt

• Leave under s.103.1
• Protected records
• Confidentiality orders
• Disclosure restrictions
• Document marking and destruction

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Thibodeau c. Canada

Court

Federal Court of Appeal

The court denied intervention because the proposed interveners failed to demonstrate that their participation would be useful or offer a distinct expertise or perspective beyond what the Crown would present, their asserted interest was largely jurisprudential or speculative regarding potential advantage, and the publicity principle alone does not justify intervention where confidentiality and privilege issues remain to be decided on the merits; accordingly intervention under rule 109 was not warranted and costs were ordered against the interveners.

Source excerpt

• Intervention
• Confidentiality orders
• Privilege
• Publicity of court proceedings
• Rule 109

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Belisle v. Canada (Attorney General)

Court

Federal Court

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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CB v. Canadian Security Intelligence Service

Court

Canadian Human Rights Tribunal

The Tribunal granted CSIS’s motion for a broader confidentiality order, requiring redactions, pseudonyms, and in-camera testimony to protect national security information.

• Confidentiality orders
• Open court principle
• National security privilege
• Redaction
• In camera proceedings
• Confidentiality-orders

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Kanzki v. Bank of Canada

Court

Canadian Human Rights Tribunal

The Tribunal dismissed a recusal motion, finding no reasonable apprehension of bias in case management decisions about disclosure, witnesses, extensions, and hearing dates.

• Reasonable apprehension of bias
• Case management
• Disclosure and privilege
• Confidentiality orders
• Scheduling and extensions
• Reasonable-apprehension-of-bias

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