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.
