New Developments Module


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New Developments

August 16, 2019   R v Minassian 2019 ONSC 4455
    The ONSC denied an application for a publication ban and sealing order on information and evidence filed in relation to a pre-trial motion.

July 12, 2019   R v Assoun 2019 NSSC 220
    This NSSC decision ends the sealing of a court file in the case of a man who spent sixteen and a half years in prison for a murder he did not commit.

July 8, 2019   HMQ v Rebecca Reid 2019 OCJ 19-6210
    In this Ontario Court of Justice decision, the Crown’s application for a non-publication and sealing Order on a potential victim impact statement was dismissed. The application was pursuant to section 486.7 of the CCC, which was a novel use of that provision.

May 30, 2019   Torgerson et al v Nijem 2019 ONSC 3320
    In this judgment, the ONSC struck out a claim in defamation for internet postings summarily (prior to defending) on a limitation, relying on the 2017 ONCA case of John v Ballingall.

May 9, 2019   MédiaQMI inc c M.K. 2019 QCCA 814
    The QCCA upheld the Quebec Superior Court judgment, dismissing the appeal of the Journal de Montréal to have a sealing order lifted.

April 30, 2019   Bibeau c La Presse et al 2019 QCCA
    In this judgment, the Quebec Court of Appeal states that “at most” the absence of charges is just one of many factors that the Court has to consider in applying Dagenais/Mentuck under s. 487.3 of the Criminal Code.

February 22, 2019   Albo v The Winnipeg Free Press et al 2019 MBQB 34
    In this decision the MBQB dismissed the claims of breach of copyright and breach of contract brought by a paid consultant on a story, who sued the Winnipeg Free Press for republishing the story as a book.

February 18, 2019   Guimont et al c Bussieres et al 2019 QCCA 200-09-009573-178
    A unanimous Quebec Court of Appeal judgment has ruled that the Quebec Press Act, written in 1929 and designed to protect the freedom of newspapers, does not apply to articles published on the internet.

February 15, 2019   HMTQ v CBC 2019 ONSC 1079
    In this ONSC decision, the CBC and PostMedia were found not to be in civil contempt, under s. 486.4 of the Criminal Code, of publication bans issued in criminal proceedings.

December 13, 2018   Ayangma v Saltwire 2018 PESC 48
    In this ruling, from the PESC, the defendants were granted summary judgment, on the grounds that the plaintiff's claim was outside the limitation period.


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