BadgerBruce
Registered User
- Aug 8, 2013
- 1,557
- 2,185
Interesting ... in many respects, the information now publicly available is the result of questionable work by the Niagara franchise’s legal representatives.
The Ontario Superior Court’s April 26 ruling in favour of TSN’s motion to unseal the file comes with a salient observation from Justice Ramsay. In awarding costs to TSN (and ordering the Ice Dogs to pay), Justice Ramsay writes the following:
“it [the original case]was brought in to court by the Ice Dogs ... who unnecessarily revealed what had been confidential information . . . .The motion was, as I said at the time, frivolous. It could have been sought in any event with redacted materials.”
CanLII - 2019 ONSC 2629 (CanLII)
All I can say is wow, just wow. Surely the franchise’s legal representatives knew that an attempt to restrict public access to judicial proceedings (sealing of documents) must satisfy all elements of a multi-pronged legal test that is exceedingly difficult to meet. The public interest quite rightly prevails in nearly all cases.
But my God, according to Justice Ramsay, the Ice Dogs “attached the investigator’s report as an exhibit. Some attachments to the report consisted of written communications between parties and witnesses to the affair.” Who does this without redacting the documents? Honestly, I’m utterly floored.
The Ontario Superior Court’s April 26 ruling in favour of TSN’s motion to unseal the file comes with a salient observation from Justice Ramsay. In awarding costs to TSN (and ordering the Ice Dogs to pay), Justice Ramsay writes the following:
“it [the original case]was brought in to court by the Ice Dogs ... who unnecessarily revealed what had been confidential information . . . .The motion was, as I said at the time, frivolous. It could have been sought in any event with redacted materials.”
CanLII - 2019 ONSC 2629 (CanLII)
All I can say is wow, just wow. Surely the franchise’s legal representatives knew that an attempt to restrict public access to judicial proceedings (sealing of documents) must satisfy all elements of a multi-pronged legal test that is exceedingly difficult to meet. The public interest quite rightly prevails in nearly all cases.
But my God, according to Justice Ramsay, the Ice Dogs “attached the investigator’s report as an exhibit. Some attachments to the report consisted of written communications between parties and witnesses to the affair.” Who does this without redacting the documents? Honestly, I’m utterly floored.