The defendants brought a motion seeking a partial sealing order in respect of designated confidential information they wished to rely upon for a jurisdiction motion.
The confidential information related to the defendants' corporate organization and structure, web crawling and fetching processes, and model training and inference processes.
The court applied the three-part test from Sherman Estate v. Donovan and Sierra Club of Canada v. Canada (Minister of Finance) to determine whether to grant the sealing order.
The court found that disclosure of the confidential information posed a serious risk to the important public interest of fair competition in the artificial intelligence industry, that no reasonable alternative measures would prevent this risk, and that the benefits of the order outweighed its negative effects on the open court principle.
The partial sealing order was granted.
