Court File and Parties

Court File No.: 92/16 Date: 2020-06-23 Superior Court of Justice - Ontario

Re: Todd Elliott Speck, Applicant And: The Law Society of Upper Canada, Respondent

Before: Justice A.K. Mitchell

Heard: In writing.

Endorsement

[1] Charlene Desrochers, a member of the public, requests the digital recording made of the hearing of this application held on May 9, 2016. The basis for the request for the recording is given as: “to enable me to listen to the [following] court proceeding that I was unable to attend in person”.

[2] In exercise of the court’s absolute discretion with regard to this request, I hereby deny Ms. Desrochers’ request. I have denied the request for the following reasons:

1. the hearing on May 9, 2016 was open to the public, including Ms. Desrochers;
2. the court’s decision on the application was released to the parties and the public on May 10, 2016 (See Speck v. The Law Society of Upper Canada, 2016 ONSC 3094). The application was dismissed. The decision was not appealed and is final;
3. the hearing of the application was not a recordable event because no oral evidence was introduced at the hearing. The digital recording was made as an aide memoire for the presiding judge;
4. the decision was made on the basis of a written evidentiary record. The evidence relied on by the court in arriving at its decision is contained in the court file and remains available to the requesting party for review; and
5. the requesting party has not provided a persuasive reason for the request and the recording does not appear to be relevant to any proceeding currently before the courts or any tribunal.

“Justice A.K. Mitchell” Justice A.K. Mitchell Date: June 23, 2020