The Rules regarding Publication Bans at the Court of Appeal are still being drafted. However, Slatter J.A. found that Rule 6.32 “was enacted to comply with the decision of the Supreme Court of Canada in Dagenais v Canadian Broadcasting Corp, [1994] 3 SCR 835”. He held that the Court of Appeal must respect the principles set out in that case.

The Court found that the Applicant in this Appeal failed to demonstrate a compelling reason to seal the file. Noting that “[c]ourt files cannot be sealed simply because of a desire for privacy by the litigants, or to protect individuals from embarrassment or inconvenience”, Slatter J.A. dismissed the Application.