SUPPLEMENTARY ENDORSEMENT

COURT FILE NO.: CV-09-385510
DATE: 20120829

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: SUAAD HAGI MOHAMUD et al., Plaintiffs

AND:

LAWRENCE CANNON et al., Defendants

BEFORE: Justice Spies

COUNSEL: Julian Falconer , for the Plaintiffs

HEARD: In Writing

SUPPLEMENTARY ENDORSEMENT

[ 1 ] Further to my Endorsement of August 13, 2012, and the execution of an Amended Judgment approving the infant settlement, counsel for the plaintiffs ask for clarification as to whether or not I had considered paragraph (d) of the notice of motion which provided that in the alternative, pursuant to section 137(2) of the Courts of Justice Act , an order was requested redacting all references to the amount of the settlement in the motion record and Judgment. Although I neglected to refer to this alternative relief specifically in my Endorsement of August 13, 2012, I was aware that it had been requested and in my view the same rationale for why I was not prepared to seal the motion record applies. The fact the parties have agreed to keep the terms of the settlement confidential is not unusual and in my view not a basis to either redact the settlement numbers from the motion material and Judgment or seal the entire file. Although the former is not as drastic a remedy, in my view the evidence has not been made out for such an order.

SPIES J.

Date: August 29, 2012