The defendants, D. Robert Findlay and Findlay Personal Injury Lawyers, sought an order to vary a previous court order and unseal a file related to the plaintiff's accident benefits settlement.
The plaintiff, Jarrod Seth Van Every, had commenced an action against the defendants alleging negligent representation in handling his accident benefits claim.
The defendants argued that the sealed materials were relevant to their defence and counterclaim, which alleged that the plaintiff's losses were caused by an improvident settlement by his subsequent counsel.
The court found that the defendants had standing under Rule 38.11(1) of the Rules of Civil Procedure as "persons affected by the judgment" because the sealed materials directly impacted their economic interests in the ongoing litigation.
The motion to unseal the file and produce the affidavit material was granted.
