Court File and Parties
Court File No.: CV-16-0281-00 Date: 2016-07-28 Superior Court of Justice - Ontario
Re: S.L., Plaintiff And: Sherilee Slatter, Ronald Slatter, Linda Slatter, Children’s Aid Society of the County of Prince Edward and Highland Shores Children’s Aid Society, Defendants
Before: Mr. Justice Graeme Mew
Counsel: John D. Bonn, for the plaintiff
Heard: In Writing
Endorsement
1The proposed plaintiff seeks an order permitting him/her to use a pseudonym in place of the plaintiff’s real name. The claim involves historic sexual abuse, and the notice of motion expresses the concern that irreparable harm and psychological injury could result from the plaintiff’s identity being disclosed.
2The Divisional Court has held that an order permitting a party to use initials or a form of pseudonym is a form of publication ban: G.(C.) v. Ontario, 2014 ONSC 5392 at para. 7. It is also a discretionary order (in contrast to a comparable order under s. 486.4 of the Criminal Code where an order is mandatory if requested by a complainant in a case involving sexual offences).
3I am therefore of the view that before the relief sought by the plaintiff can be considered, a notice of the plaintiff’s request must be given in accordance with Part V of the Court’s Consolidated Provincial Practice Direction. When giving notice, the plaintiff may use a pseudonym when filling out the notice form.
4The return of the motion should be scheduled to be heard in open court (subject to any order or direction the motions judge may give to the contrary). A copy of this endorsement should be included in the motion record.
Mew J. 28 July 2016