Pub Bans and Sealing Orders


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DENT-X CANADA CV-20-00645831-0000

CBC brought an application to lift a sealing order that had been ordered over ten separate civil cases. The sealing order was expansive – covering all the pleadings in the ten proceedings and even included deleting the file numbers from the docket system so there would be no trace of the ten files forevermore. The sealing order was also a term of a settlement agreement that had been entered into amongst the parties (if there was no sealing order, there would be no settlement).

In his Endorsement, Justice Koehnen lifted the sealing order and found entirely in CBC’s favour.

The case stands for the propositions that:

1) The open court principle cannot be compromised by a settlement agreement between the parties; and
2) Concerns over false allegations, embarrassment or untested claims are not enough to meet the “important public interest” branch of the Sherman Estate test.