Dr. W. Quan

The respondent, the wife of a notorious convicted murderer, intended to commence divorce proceedings and successfully applied for non-publication and sealing orders to protect her privacy and mental health.

Media organizations appealed the orders.

The Court of Appeal allowed the appeal, finding that the motion judge erred in law.

Applying the Dagenais/Mentuck test, the Court held that the respondent failed to provide convincing evidence that the orders were necessary to prevent a serious risk to the proper administration of justice, as the psychiatric evidence relied upon was based on unsupported assumptions about media harassment.

The applicant, a 70-year-old pedestrian, was struck by a vehicle and sustained orthopaedic injuries.

She sought statutory accident benefits for attendant care and other services provided by her daughter.

The insurer disputed the quantum and causation, arguing the applicant's progressive dementia was not accident-related.

The arbitrator found the dementia was not caused by the accident but awarded attendant care and housekeeping benefits based on the applicant's accident-related orthopaedic impairments, increasing from 7 to 14 hours per week over time, payable at the minimum wage rate.

Claims for a special award were dismissed due to the applicant's misrepresentations regarding her daughter's lost income.