The appellants brought a motion seeking to appoint the Office of the Public Guardian and Trustee as litigation guardian for one appellant, to require a mental examination, to remove counsel, to extend time to perfect the appeal, and to seal evidence concerning mental health.
The motion judge addressed the sealing and confidentiality issues under the two-part test from Sierra Club v. Canada (Minister of Finance).
The court ordered redaction of solicitor-client communications and certain historical medical information as reasonable alternatives to confidentiality orders.
However, the court declined to grant a confidentiality order for current observations of the appellant's mental state, finding insufficient evidence of necessity under the Sierra Club test.
References to a non-party's health information were also redacted as unnecessary and irrelevant.