Date: 20131016
Docket: T-646-13
Citation: 2013 FC 1031
Ottawa, Ontario, October 16, 2013
PRESENT: The Honourable Madam Justice Simpson
BETWEEN:
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MARTIN MCNEIL
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Plaintiff
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and
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REBELLION MEDIA GROUP INC., AND TED HASTINGS A.K.A. SCOTT HASTINGS
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Defendants
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REASONS FOR ORDER AND ORDER
[1] A review of the material filed shows that the plaintiff and defendants settled this action on the basis that:
i) The action was to have been dismissed on consent without costs. However, the plaintiff filed a Notice of Discontinuance dated August 8, 2013 instead of filing a consent and seeking an order dismissing the action.
ii) The contents of the Minutes of Settlement (the Minutes) were to have remained confidential. However, the Minutes were mistakenly filed on the court’s public file with a letter from counsel for the plaintiff dated August 22, 2013.
[2] The plaintiff now seeks to correct these errors and relies on a Motion Record dated October 3, 2013 (the Record) which is marked “confidential.” The plaintiff asks for orders:
- dismissing the action based on the consent dated September 30, 2013;
- expunging the Minutes on the basis of confidentiality;
- sealing the material filed with the August 22 letter (i.e. the Minutes) on the basis of confidentiality;
- sealing the Motion Record on the basis of confidentiality;
- sealing the sealing order on the basis of confidentiality.
[3] Regarding the first problem it is my view that the best course is to set aside the Notice of Discontinuance and make an order dismissing the action.
[4] Regarding the second problem, there is only one copy of the Minutes on the file and I will order it destroyed. Thereafter there will be nothing confidential in the Record or the file and accordingly there is no reason to seal any material.
ORDER
FOR THESE REASONS, THIS COURT ORDERS that:
1. The Notice of Discontinuance dated August 8, 2013 is hereby struck out;
2. The action is dismissed without costs based on the consent dated September 30, 2013;
3. The Minutes of Settlement in the Court’s “A” file attached to a letter from counsel for the plaintiff of August 22, 2013 are to be expunged; and
4. The Court’s confidential orange file is to be expunged there being no confidential material remaining on the file.
“Sandra J. Simpson”
Judge
FEDERAL COURT
SOLICITORS OF RECORD
Docket:
T-646-13
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STYLE OF CAUSE: |
MARTIN MCNEIL V REBELLION MEDIA GROUP INC., AND TED HASTINGS A.K.A. SCOTT HASTINGS
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CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369
REASONS FOR ORDER
AND ORDER: SIMPSON J.
DATED: OCTOBER 16, 2013
WRITTEN REPRESENTATIONS BY:
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P. James Zibarras John Philpott
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FOR THE PLAINTIFF |
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Kevin L. LaRoche
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FOR THE DEFENDANTS |
SOLICITORS OF RECORD:
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BRAUTI THORNING ZIBARRAS LLP Toronto, Ontario
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FOR THE PLAINTIFF |
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BORDEN LADNER GERVAIS LLP Ottawa, Ontario |
FOR THE DEFENDANTS |