Eric W.D. Boate

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.

The plaintiff, who was injured after falling from scaffolding while doing drywall work at the defendants' home, sought to amend his statement of claim after the expiry of the limitation period.

The original claim was framed in occupiers' liability, alleging acts of omission.

The proposed amendments alleged acts of commission, specifically that the defendant distracted the plaintiff or bumped the scaffolding.

The court dismissed the motion, finding that the amendments raised a new cause of action that was statute-barred, as the plaintiff knew or ought to have known of the facts giving rise to the new claim on the date of the incident.