Court File and Parties

COURT FILE NO.: 6166/15 (Chatham) DATE: 20160623 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: BRIAN KIVELL, BETTY-JO KIVELL, ERICA KIVELL, GRACIE KIVELL, SASHA KIVELL, KAITLYNN KIVELL, EZRA KIVELL, SAWYER KIVELL by their Litigation Guardian, Betty-Jo Kivell, SHERRILL KIVELL and GARY KIVELL. Plaintiffs

AND:

CHATHAM-KENT CHILDREN’S SERVICES (operated by the Children’s Aid Society of the Municipality of Chatham-Kent), CHRISTINA RUSCICA, ROBIN ROSE, CHATHAM-KENT POLICE SERVICES BOARD, DENNIS POOLE, Chief of the Chatham Kent Police Services and POLICE CONSTABLE GARY ORIET, Defendants

BEFORE: CAREY J.

COUNSEL: Raymond G. Colautti / Anita Landry, Counsel for the Plaintiffs Gregory J. Van Berkel / Jonathan de Vries, Counsel for the Defendants Chatham-Kent Children’s Services, Christina Ruscica and Robin Rose Sheila C. Handler / Kristen Dearlove, Counsel for the Defendants Chatham-Kent Police Services Board, Dennis Poole, Chief of Chatham Kent Police Services and Police Constable Gary Oriet

HEARD: June 14, 2016

Endorsement

[1] The police defendants brought two motions before the court. There is an agreement that they be dealt with as follows.

[2] The defendants’ motion, pursuant to s. 135(2) of the Ontario Courts of Justice Act, excluding the public from the court hearing, is dismissed without prejudice to the defendants seeking relief on a hearing by hearing basis that addresses the concerns over the release of the personal and identifying information of complainants and minor witnesses in these proceedings.

[3] The defendants’ motion for an order sealing the file in this matter, pursuant to s. 137(2) of the Ontario Courts of Justice Act is dismissed.

[4] When the defendants bring their motion for summary judgment, pursuant to Rule 20 of the Rules of Civil Procedure, the material may be sealed for the court upon filing and its further release subject to the motion judge’s discretion.

[5] The cost of the motion is reserved to the judge hearing the Rule 20 motion for summary judgment.

"original signed and released by Carey J." Thomas J. Carey Justice Date: June 23, 2016