Barry Philip Cox

The respondent, Niman Mamo LLP, brought a motion on consent for a sealing order over all materials filed in the court file, citing solicitor-client privilege and ongoing litigation.

The court found that the materials filed did not meet the requirements for a sealing order as set out by the Supreme Court of Canada, most recently in Sherman Estate v. Donovan, 2021 SCC 25.

The court emphasized the presumption of openness in court proceedings and the need for strong, evidence-based grounds to override this principle.

The motion was dismissed.

This endorsement addresses a request to seal supplemental affidavits filed in support of a settlement approval.

While the settlement was approved, the court largely denied the request to seal the affidavits, emphasizing the foundational principle of transparency and the open court principle.

The judge found no basis to seal information regarding the merits of the plaintiffs' case post-settlement approval or the terms of counsel's retainer, citing section 137 of the Courts of Justice Act.

The affidavits were ordered to remain sealed for 60 days, with a requirement for a formal application, served on all parties and the media, to extend the sealing order.