Canada Case Law

Liu v. Borden Ladner Gervais LLP

Court

British Columbia Court of Appeal

The application for review is dismissed because the appellants failed to demonstrate reversible error in the chambers justice's discretionary denial of leave; the proposed appeal raised no issue of significance to the practice beyond application of established law to the case's facts, carried limited utility to the action, and had no realistic prospect of success; Dhillon does not displace solicitor-client privilege and the common interest exception was not established on the record.

Source excerpt

• Leave to appeal
• Common interest exception to privilege
• Duty of care to non-clients
• Discovery
• Sealing orders
• Interests of justice

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R. v. Hawco

Court

British Columbia Court of Appeal

The trial judge's instructions misdescribed the fact-finding process by directing jurors to treat disputed facts established on a balance of probabilities and by suggesting a discrete two-step deliberative process, creating a real risk the jury convicted on less than proof beyond a reasonable doubt; the conviction was set aside and a new trial ordered; the Crown's sealing request was dismissed as unnecessary given the publication ban and record access policy.

Source excerpt

• Reasonable doubt
• Fact-finding process
• Jury charge misdirection
• Sexual assault
• Crown disclosure
• Records regime s.278.1

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McLean v. McLean Capital Corporation

Court

Supreme Court of British Columbia

The April 28, 2025 letter is protected by settlement privilege but is excepted and must be disclosed because the petition places the letter and the board's reaction to it squarely in issue and disclosure is relevant and necessary to fairly determine the oppression claim; the petitioner has waived settlement privilege over the April Letter by selectively relying on its content while shielding settlement terms; the September 16, 2021 SRT email is protected by settlement privilege, is neither excepted nor waived, and remains privileged.

Source excerpt

• Oppression remedy
• Settlement privilege (without prejudice)
• Waiver of privilege
• Exceptions to privilege
• Sealing orders
• Directors' duties

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Further Detention of Things Seized (Re)

Court

Supreme Court of British Columbia

The court held that the seized items are reasonably required for ongoing forensic DNA testing and that, on balance, continued detention for six months until May 14, 2026 is in the interests of justice despite the lapse of the prior order; factors driving the decision were the investigation's complexity, reliance on extended forensic analysis, transfer of file to another police service, minimal privacy interests in the items, and consent/mitigation regarding scheduling and counsel conduct.

Source excerpt

• Detention of seized property
• Section 490(9.1) criminal code
• Interests of justice balancing
• Sealing orders
• Police conduct and delay

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S.L.K. v. A.B.

Court

Supreme Court of British Columbia

The court granted the defendant anonymity and a sealing order pending trial, finding publicity would seriously harm his reputation, dignity, and well-being.

• Open court principle
• Anonymization
• Publication ban
• Sealing orders
• Protection of reputation
• Public safety

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Chan v. British Columbia (Workers’ Compensation Appeal Tribunal)

Court

British Columbia Court of Appeal

The Court of Appeal quashed parts of two interlocutory appeals, refused sealing and no-fee relief, and ordered $10,000 security for costs of the appeals.

• Sealing orders
• Security for costs
• Jurisdiction to appeal
• Costs awards
• Anonymity orders
• Open court principle

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Narejko v. Li

Court

British Columbia Court of Appeal

The Court of Appeal dismissed an application to vary a chambers order, upheld special costs for abuse of process, and rejected fresh evidence, sealing, and reinstatement relief.

• Divorce
• Statutory stay
• Special costs
• Abuse of process
• Fresh evidence
• Reinstatement of appeal

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Steelhead LNG Limited Partnership v. ARC Resources Ltd.

Court

Supreme Court of British Columbia

The court refused broad disclosure orders for meeting documents but ordered an unredacted CEA Schedule A produced within 14 days, finding confidentiality did not justify redaction.

• Document disclosure
• Redaction of technical schedules
• Implied undertaking
• Sealing orders
• Issue estoppel
• Summary trial procedure

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R. v. Billy-Kendall

Court

Supreme Court of British Columbia

The court held the application was not properly brought in criminal court because the criminal proceedings had ended and the relief sought targeted provincial CRRA processes.

• Sealing orders
• Inherent jurisdiction
• Criminal records disclosure
• Statutory interpretation
• Proper forum/jurisdiction
• Extraordinary remedies

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College of Physicians and Surgeons of British Columbia v. Madryga

Court

British Columbia Court of Appeal

The Court of Appeal dismissed the College’s sealing application, holding that openness did not pose a serious risk to an important public interest on these facts.

• Open court principle
• Sealing orders
• Statutory confidentiality
• Health professions act s.26.2 and s.53
• Section 96 jurisdiction
• Quality assurance programs

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