The plaintiffs brought materials seeking court approval of an infant settlement arising from civil litigation involving multiple defendants and a hospital.
The court invited submissions regarding the characterization of future care payments to the parents, whether settlement materials should be sealed, and whether the solicitor’s affidavit should be sealed and service waived.
The court held that the possible taxation of future care payments is a matter for the Canada Revenue Agency and not determinative for the approval motion.
Applying the open court principle and exercising parens patria jurisdiction, the court declined to grant a sealing order over the settlement documents.
However, the court permitted plaintiffs’ counsel to refile a substitute affidavit after service on opposing counsel.
