December 17, 2021
P1 v. XYZ School, 2021 ONCA 901
The ONCA held that for the purposes of appellate jurisdiction (under s. 6 of the Courts of Justice Act), a sealing order or publication ban is a ‘final’ order vis-à-vis the media because it finally determines the media’s constitutional rights to contemporaneously report on and scrutinize the courts – even if there is an ability to return to vary the order at a later date.
The decision affirms Juriansz J.A.’s reasons in Hollinger Inc. v. The Ravelston Corp., 2008 ONCA 207.