Motion for pre-emptive, broad confidentiality order over business loss data dismissed as premature and overly broad.
The claimants brought a motion for a comprehensive confidentiality order to protect their financial and business data in an expropriation proceeding for injurious affection and business losses arising from subway construction.
The Ontario Land Tribunal dismissed the motion, finding the proposed order overly broad, premature, and contrary to the open hearing principle.
The Tribunal noted that the claimants had not yet produced any documents and that the requested order would impose significant burdens on the parties and the Tribunal.
The claimants were granted leave to bring future motions for confidentiality regarding specific documents or hearing attendance at the appropriate time.
McDonald’s Restaurants of Canada Ltd & 1444767 Ontario Inc. v. City of Toronto & TTC, 2023 CanLII 76839