Lorenzo D. Policelli

The Canadian Broadcasting Corporation (CBC) sought access to and copies of exhibits from a preliminary inquiry involving four correctional officers charged in the death of Ashley Smith.

The charges were dropped, and the exhibits were transferred for a coroner's inquest.

The application judge granted CBC access but restricted copying to portions of the video played in open court and prohibited copying the footage of Smith's death.

The Court of Appeal allowed CBC's appeal, holding that the Dagenais/Mentuck test applies to media requests for exhibits and that the open court principle includes the right to copy exhibits in full, absent convincing evidence of a serious risk to the administration of justice or other protected interests.

The Ontario Rental Housing Tribunal appealed a Superior Court decision quashing its interim order that allowed a subset of tenants to testify on behalf of over 300 tenants in a rent abatement application.

The Superior Court had ruled the Tribunal lacked jurisdiction to authorize what it characterized as a representative action.

The Court of Appeal allowed the appeal, finding that the Tribunal's order did not create a representative action but rather approved an expeditious procedural method for introducing oral evidence in a combined multi-party application, which was within its jurisdiction under the Tenant Protection Act, 1997 and the Statutory Powers Procedure Act.