The Superior Court of Justice is committed to the open court principle. In some cases, however, the Court may limit the openness of a court proceeding and, thus, the extent to which it can be accessed by the public and media. For example, the Court may order such a limit where it is necessary to preserve the fairness or integrity of a court proceeding, to safeguard the privacy or safety of a victim or witness, or to protect the identity of a child or youth. Such a limit may take the form of a publication ban, an order sealing all or part of a court file, or the anonymization of party or witness’s name.

Further to the Superior Court of Justice’s Practice Directions, parties seeking a discretionary publication ban are required to notify the media of their request through the Court’s Media Notification List by completing the Notice of Request for Publication Ban. Additionally, the Court will decide on a case-by-case basis whether parties seeking any other limit on the open court principle should be required to notify the media through the Court’s Media Notification List.

For further information on this requirement, please consult the Court’s Consolidated Provincial Practice Directions governing the specific area of law at issue.