The applicant, a plaintiff in a proposed class action in British Columbia, sought a declaration that a sealing order issued in a related Ontario proceeding did not apply to an affidavit he had obtained from the public court record before the sealing order was formalized.
The respondents had inadvertently included confidential information in a publicly filed motion record.
The court dismissed the application, holding that the sealing order applied to the inadvertently disclosed information and that confidentiality could be restored since the applicant had not yet used or relied upon the information.
