Foster-Jacques v. Jacques, 2011 NSSC 174
From Ad IDEM / CMLA
Both parties to a divorce applied for a sealing order in response to a request by the media pursuant to Nova Scotia's Civil Procedure Rules mandating public proceedings. The divorcing parties argued that the Rules requiring notice to the media of all requests to restrict access or publication do not apply in family proceedings.
Justice MacDonald of the Nova Scotia Supreme Court found that the notice provisions do indeed apply and she went on to exercise her discretion to order notice to be given to the media at large by the automatic media alert system used in the province.
The resulting application lead to the following (unfavourable) decision:
Scanned Copy of Decision (Text copy will be added when available.)