2 total
Production order against media upheld after refined balancing and review framework.
The appellants challenged an ex parte production order requiring disclosure of journalist-source communications used in published reporting about alleged terrorism offences.
The Court held the governing framework for production orders against media remains applicable, with refinements to notice analysis, balancing factors, and review methodology.
The Court rejected a presumptive notice rule and confirmed that authorizing judges retain discretion to require notice based on circumstances.
On the record, the statutory preconditions were met and the balancing of investigative interests against media newsgathering interests supported issuance of the order.
The appeal was dismissed.
Occupier's Liability Act governed icy complex walkway; municipal appeal dismissed.
The appellant municipality appealed a slip and fall judgment arising from an icy pedestrian walkway leading to and from a recreation complex.
The central issue was whether the higher statutory standard under s. 284 of the Municipal Act governed, or whether the ordinary occupier's duty under s. 3(1) of the Occupier’s Liability Act applied.
The court held that the dominant purpose of the walkway was access to the complex, not use as a public sidewalk or highway, and therefore the Occupier’s Liability Act governed.
The finding of negligence was supported by the evidence, and the appeal was dismissed with costs.
