Simon's Megalomaniacal Legal Resources

Civil Litigation Dicta - Open Court - Publication Ban

. A.A. v. Z.M.

In A.A. v. Z.M. (Ont CA, 2024) the Ontario Court of Appeal dismissed family law motions, here for a stay of a prior order that "ordered the return of the child of the marriage" and another seeking "a limited publication ban". The parties resided in Bangladesh and one had filed a refugee claim.

Here the court grants 'initializing' and 'publication ban' motions, here in the interests of children:

B. Initializing the proceeding

[25] The mother seeks an order that the parties be allowed to use their initials in this proceeding. The father opposes the order, but not strongly.

[26] The open courts principle directs that all court proceedings be open and available to the public. There is however a recognized exception to that requirement and that is where the interests of children are involved.

[27] Given that the child is central to the issues raised in this proceeding, I do not see any reason not to apply that exception. The open courts principle is not seriously harmed by the use of initials in a case such as this.

[28] I therefore grant an order permitting the parties to use their initials. The mother sought a companion publication ban only with respect to any material in this court record that would identify the parties. In order to support the purpose of allowing initials to be used by the parties, such a very limited publication ban is necessary. I therefore grant an order banning the publication of any information contained in the court record that might tend to identify the parties or the child.