Joanna Harris

This decision addresses the costs of a motion for a publication ban and sealing order in an appeal concerning child vaccination.

The mother, who brought the original motion, sought costs, arguing the father's publicizing of the case necessitated the motion and increased her expenses.

The father argued for no costs or costs payable to him, asserting he protected the children's identity and consented to much of the relief.

The court found that while the mother achieved some confidentiality protections, she did not obtain all the relief sought (e.g., sealing the file).

The court concluded that the motion would have been necessary regardless of the father's actions due to the open court principle and the need to notify media.

Therefore, the father's behaviour did not cause or increase the mother's costs, and no costs were ordered for the motion.

The children's mother (L.K.) brought a motion for a publication ban, file initialization, and sealing of the court file in an appeal concerning the vaccination status of the parties' children.

The court applied the Dagenais/Mentuck test, finding a serious risk of harm and stigmatization to the children if their identities were revealed.

A tailored publication ban was ordered, prohibiting the publication of identifying information for the children (names, dates of birth, addresses, schools, genders, images, voices, and most health information, except their unvaccinated status) and the parties (names, voices, images).

The court also ordered that the title of proceedings and public documents use initials only, and that future publications not link to non-compliant prior reports.

The request to seal the court file and retroactively amend existing publications was dismissed due to lack of evidentiary basis and practical unenforceability, respectively.

The respondent mother brought a motion for a publication ban in a family law appeal concerning the vaccination of the parties' children.

The mother sought an interim publication ban and sealing order pending the hearing of the motion.

The court found that the mother had not provided proper notice to the media under the Practice Direction because she used initials instead of the parties' names.

The court granted an interim publication ban to preserve the mother's ability to argue for the children's privacy interests at the full hearing, and directed her to provide proper notice to the media using the parties' names.