Colin Johnstone

The applicant physician sought a stay, a sealing order, and a publication ban pending judicial review of a decision by the Inquiries, Complaints and Reports Committee (ICRC) of the College of Physicians and Surgeons.

The court dismissed the motion for a stay, finding the applicant failed to establish irreparable harm or that the balance of convenience favoured a stay.

The court also dismissed the request for a sealing order, citing the open court principle.

However, the court granted anonymization and limited redactions to protect the applicant's personal medical records and her status as a victim of sexual assault.

The applicant sought an interim publication ban pending a motion for a full publication ban.

The court granted the interim ban to preserve the applicant's ability to argue the privacy and security interests of her family, finding that the salutary effects outweighed any minimal deleterious effects on the media.

The applicant was directed to notify the media of the pending motion in accordance with the Consolidated Provincial Practice Direction.