publication ban
publication ban

Alberta decision will help lawyers navigate SCC privacy ruling, lawyer says

An Alberta court has sided with a person seeking to shelter their identity as part of a suit against the federal government, a matter the judge says brings into “sharp relief” the tension between the public’s right to open courts and an individual’s right to privacy.

The plaintiff, who is identified only as AB, has launched a claim against Veterans Affairs Canada, the Royal Canadian Legion and employees of both organizations, claiming breach of fiduciary duty, breach of privacy and waiver of tort. AB says their personal information was accessed and disclosed without consent during their attempts to financial support and medical treatment for alleged injuries suffered during their time with the Canadian Armed Forces.

And Alberta Court of Queen’s Bench Justice Craig Jones has approved AB’s requests for anonymization and sealing orders in the case, as well as a publication ban on all details that could lead to identification of AB by name. The court looked at the test outlined by the Supreme Court (in Sherman Estate v. Donovan 2021 SCC 25) for such orders — that court openness poses a serious risk to an important public interest; that the order sought is necessary to prevent that serious risk because reasonable alternative measures are not available; and the benefits of the order outweigh the negative effects on a proportional basis.

Justice Jones wrote there is a serious risk to AB’s dignity because the issues in the pleadings include stigmatized medical conditions and that disclosure of that information to even one person would compromise AB’s ability to control how they are perceived by others.

“And their right to effect that control is of superordinate importance,” he wrote. “Further, I find that their concerns are objectively reasonable because they engage intimate details of their experiences and about them as a

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Edmonton lawyer’s conduct led to collapse of Northlands case, court documents show

A multi-million dollar wrongful dismissal and defamation trial collapsed because of the conduct of the lawyer representing former Edmonton Northlands cashiers, court documents show.

This week, CBC News opposed an application to permanently seal affidavits plaintiffs had filed about Glenda Pidde, who represented 19 fired Northlands parking services cashiers for more than six years, and a publication ban on a mistrial application.

“The public has a right to know about the reasons for the outcome of the case,” said CBC lawyer Tess Layton during oral arguments Wednesday.

Six sworn affidavits were prepared. The plaintiffs’ new lawyer asked Court of Queen’s Bench Justice Tom Rothwell to permanently seal the documents and to order a publication ban on their mistrial application.

Arguing on behalf of the plaintiffs, lawyer Philip Prowse said the affidavits could embarrass Pidde. He described her behavior as “atrocious” and “nothing even close to professional.”

On Friday, Justice Rothwell decided in favor of the CBC, dismissing the plaintiff’s request for a publication ban and sealing order.

“Maintaining the open court principle does not pose a serious risk to her privacy or endanger her physical or mental health,” Rothwell said.

No trial preparation

The plaintiffs claimed in their sworn affidavits that they were never properly prepared for trial.

They described meeting with Pidde on March 6 at the Edmonton Inn. The lawyer demanded the group act as cheerleaders by repeatedly chanting, “We’re gonna win.”

On March 17, the group met at the Victoria golf course. Angela Pegg, in her affidavit, claimed the lawyer provided no trial preparation.

“[Pidde] wanted us to stand in a circle around her while stomping our feet. She wanted the plaintiffs to call her ‘The General,'” Pegg said.

Plaintiff Janet Roberts claimed in her affidavit that Pidde “danced to music for most of the meeting.”

Plaintiffs
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