New Developments Module

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New Developments

September 12, 2019   Hong v Lavy 2019 NSSC 271
    The NSSC refused the applicants’ motion to withdraw affidavits (filed but never “used” as the application was settled). The Respondents had consented and no media were present to oppose.


September 5, 2019   Verrilli v HMQ 2019 NSSC 263
    In this decision, the NSSC examines who has the burden of proof when an interested non-accused party seeks access to sealed ITOs relative to three search warrants, in accordance with s. 487.3(4) of the CC.


August 22, 2019   R v BS and KJ 2019 OCJ Ruling on Pub Ban
    In this Ontario Court of Justice decision, the judge refused to impose a publication ban in a case of multiple accused and staggered trials.


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.



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