The defendants appealed an order of a Master dismissing their motion for a sealing order over various motion materials in a consolidated commercial dispute involving allegations of conspiracy, defamation, and misuse of confidential business information.
The appellants argued the Master misapplied the jurisprudence governing sealing orders and improperly rejected affidavit evidence under rule 39.01(4) of the Rules of Civil Procedure.
The court held that the Master committed no palpable and overriding error and correctly applied the open courts principle and the test articulated in Sierra Club of Canada v. Canada (Minister of Finance).
The evidence did not establish that the documents contained confidential or commercially sensitive information warranting the extraordinary remedy of a sealing order.
The appeal was dismissed.
