Canada Case Law

Paulpillai Estate v. Yusuf

Court

Court of Appeal for Ontario

The February 6, 2020 order is interlocutory in its legal nature in all material respects (appointment of monitor, interim release of funds, interim injunction, conversion to action, addition of parties, refusal to seal file), and therefore appeals from it lie to the Divisional Court with leave; the Court of Appeal lacks jurisdiction over the present appeal and the appeal is quashed and the stay motion dismissed; costs of $15,000 awarded to the moving parties.

Source excerpt

• Interlocutory v final order
• Appointment of investigative monitor/receiver
• Interim injunctive relief
• Interim funding advances
• Stay to arbitration
• Sealing court file

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Stein v. British Columbia (Human Rights Tribunal)

Court

Supreme Court of British Columbia

The court dismissed a judicial review of HRT refusals to anonymize Ms. Stein’s name and to reconsider that refusal, and declined to seal the file.

• Anonymization
• Sealing court file
• Open court principle
• Standard of review
• Publication ban
• Vexatious litigant

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N.E.T. v. British Columbia

Court

British Columbia Court of Appeal

Chambers reasons on appeal applications in a medical negligence action: no-fee status was granted, but funded transcripts, sealing, and in camera hearing relief were denied or left to the appeal division.

• Limitation periods
• Postponement of limitation
• Discovery of claim
• No-fee status
• Publicly funded transcripts
• Publication ban

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I.J. v. J.A.M.

Court

British Columbia Court of Appeal

Application to review chambers orders was dismissed. The Court of Appeal upheld a publication-ban and sealing order, and a $15,000 security for costs order.

• Publication ban initialization and permanence
• Sealing court file
• Security for costs application
• Standard of review for chambers decisions
• Publication-bans
• Sealing-court-records

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Schluter-Systems KG v. Dollar Tile Distributors Ltd.

Court

Supreme Court of British Columbia

The court granted an interim injunction against alleged counterfeit Kerdi sales, issued Anton Piller orders for selected premises, and sealed the file briefly.

• Counterfeit goods
• Passing off
• Trademark infringement
• Copyright infringement
• Anton piller orders
• Irreparable harm

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Waters v. Michie

Court

Supreme Court of British Columbia

Trial over child support, income imputation, and alleged fraudulent conveyances. The court found Michie owned Patrick Road beneficially, upheld the Alderwood transfer as fraudulent, and set support arrears.

• Imputation of income
• Retroactive child support
• Fraudulent conveyance
• Arrears of support
• Section 7 expenses
• Sealing court file

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X. v. Y.

Court

Supreme Court of British Columbia

The court granted anonymity and a sealing order for an RCMP officer plaintiff, finding a serious safety risk from gang-related exposure outweighed open-court interests.

• Anonymity orders
• Sealing court file
• Dagenais/mentuck test
• Open court principle
• Publication bans
• Anonymity-orders

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R.M. v. College of Physicians and Surgeons of British Columbia

Court

Supreme Court of British Columbia

The court granted pseudonymity, a publication ban, and a sealed file to preserve the confidentiality issue in a judicial review of a tribunal decision.

• Publication ban
• Sealing court file
• Pseudonymity
• Confidentiality of tribunal materials
• Section 42 administrative tribunals act
• Publication-ban

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Mpampas v. Steamatic Toronto Inc.

Court

Court of Appeal for Ontario

The Court held that the motion judge did not err: the charging orders over settlement funds were properly issued, the assessment process can address claims about solicitor conduct, and the motion judge acted within his discretion in awarding no costs; accordingly the appeal and cross-appeal were dismissed and the file was sealed.

Source excerpt

• Charging orders over settlement funds
• Assessment of solicitor's fees
• Discretionary costs
• Sealing court file

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McDonald v. Queen of the North (Ship),

Court

Supreme Court of British Columbia

The court refused to seal the infant-settlement approval materials or hold the hearing in camera, holding that public scrutiny was required under the Infants Act.

• Settlement approval
• In camera proceedings
• Sealing court file
• Public guardian and trustee
• Infants act s.40
• Infant-settlement-approval

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