SUPREME COURT OF NOVA SCOTIA
Citation: A.B.C. v. Nova Scotia (Attorney General), 2011 NSSC 476
Date: 20111223
Docket: Hfx. No. 262658
Registry: Halifax
Between:
A.B.C.
Plaintiff
v.
The Attorney General of Nova Scotia, representing Her Majesty the Queen in Right of the Province of Nova Scotia
Defendant
LIBRARY HEADING
Restriction on Publication: Restriction on publication of plaintiff's name under Civil Procedure Rules 85.04(1) and (2) and 85.05(1) and (2).
Judge: The Honourable Justice A. David MacAdam
Heard: September 19, 20, 21, 22, 26, 2011, in Halifax, Nova Scotia
Final Written
Submissions: December 7, 2011
Subject: confidentiality orders, publication bans, discretion, historic sexual assault
Summary: The plaintiff was sexually assaulted by a probation officer and commenced an action against the Province, which admitted liability, but raised a limitations defence. The plaintiff applied pursuant to Rule 85.04 for a confidentiality order allowing him to proceed by use of a pseudonym and directing that his identity not be published or broadcast, and that documents be filed using the pseudonym. There was evidence from a psychologist of likely harm arising to the plaintiff as a result of the publication of his identity.
Issue: Should a confidentiality order be granted?
Result: While court proceedings are presumptively open, the court has a discretion to restrict public access. The court's discretion should not be exercised for reasons only of potential inconvenience or embarrassment to the individual concerned. However, in this case there was evidence that disclosure of the plaintiff's identity was likely to lead to the re‑traumatizing of the plaintiff, making it more difficult for him to undergo successful therapy. While the public was entitled to know about the proceeding generally, a confidentiality order respecting his identity was justified in view of the potential harm arising from disclosure.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.