Anonymization And Sealing Requests In Ontario Civil Proceedings

• Published date: 03 November 2022
• Subject Matter: Litigation, Mediation & Arbitration, Real Estate and Construction, Landlord & Tenant - Leases, Civil Law
• Law Firm: Gardiner Roberts LLP
• Author: Mr James R.G. Cook

Closed proceedings, sealing orders and publication bans are rare in civil actions in Ontario. When a court decision in a civil proceeding is published it normally bears the names of the parties in the title of the court file in accordance with the open court principle and the Rules of Civil Procedure. The names of the parties are also published in reported decisions and, if the court decision is available online, the names of the parties may be readily found through Google and other searches.

In some cases, the court will use initials rather than the full names of parties to keep the identities of the parties confidential, particularly in proceedings involving children or other persons where there is a publication ban. For instance, section 87(8) of the Child, Youth and Family Services Act, 2017 prohibits the publication of the identity of a child who is involved in a child protection hearing or proceeding.

The authority of the courts to initialize or "anonymize" parties, seal court documents, or otherwise protect the identities of individuals in appropriate cases arises from the court's inherent jurisdiction and section 137(2) of the Courts of Justice Act.

Where a party to a proceeding wishes anonymity, they generally require a court order. Typically, the order is obtained by motion in a scheduling court (such as Civil Practice Court in Toronto) or in writing before the commencement of the...