This endorsement addresses an oral motion brought by applicants in four consolidated parentage applications involving assisted reproductive technologies (ART).
The motion sought to dispense with the Superior Court of Justice Practice Direction's requirements for formal notice and media notification regarding discretionary publication bans and sealing orders under s. 137(2) of the Courts of Justice Act.
The court considered the Dagenais/Mentuck test and the best interests of the child, finding that sealing orders are necessary to prevent serious risk to the proper administration of justice and to protect the privacy and dignity of the children, intended parents, surrogates, and their families.
The court concluded that the salutary effects of dispensing with notice and sealing the files outweigh any deleterious effects on public expression.
