Case information

Torts — Persons under disability — Assessment of damages — Approval of settlements — Production of medical records — Open court principle — Motions for approval of personal injury settlements made on behalf of minors and person under disability — Solicitor and client privileged information contained in motion records — Claim that private information contained in motion records — Requests to seal or otherwise protect motion records denied — Meaning of “biographical core” and loss of dignity — Role of court’s parens patriae jurisdiction in context of online court filings and court records — Personal Health Information Protection Act, 2004, S.O. 2004, c. 3, Sch. A, s. 31.<br>

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

(Publication ban in case) (Sealing order)

In two actions concerning persons who had suffered extensive brain injuries, the plaintiffs’ litigation guardians sought judicial approval of the settlements, the contingency fee agreement, the fees and the disbursements. They also sought sealing orders. In the first action, the main plaintiff was a person under a disability; in the second, the main plaintiff was a minor. The respondents took no position in relation to either request for a sealing order.

In both actions, the motion judges approved the settlement, the contingency fee agreement, the fees and the disbursements, but dismissed the requests for sealing orders but, in the first, a temporary sealing order was granted pending appeal. Both sealing order decisions were appealed. Both matters were sealed and initialized by the case management judge pending appeal. On appeal, the Canadian Broadcasting Corporation and two other bodies were granted intervener status as friends of the court. The Court of Appeal dismissed the appeals in a single set of reasons.