Motion to seal court file denied; file to be opened subject to redaction of identifying information.
The respondents brought a motion to continue a sealing order over the court file in an application for judicial review of decisions to exclude and transfer students following an alleged violent incident.
The respondents argued that the sealing order was necessary under the Education Act and the Youth Criminal Justice Act.
The court applied the Dagenais/Mentuck test and found that a complete sealing order was not necessary, as a less intrusive alternative was available.
The court rescinded the sealing order but directed that the court file be edited to remove the names and identifying information of the accused, the victim, and the witnesses.
K.B. (by his Litigation Guardian R.N.) et al. v. Toronto District School Board et al., 2006 ONSCDC 14411