Court Documents

[OntarioMomma]

Morning all,

Just wondering if anyone knows, if I have a court file # on another case in Ontario Court, is it public information?

Can I obtain any of it? Can I obtain a copy of the whole file?
What kind of cost does that entail?

Long story short, my ex is a huge liar. lol

Thanks in advance!

[OntarioMomma]

I found this, but how would I know if I had the right to see the docs?
And do they have to be requested in person or can it be requested over the phone?


1.5 Copies
Members of the public can have a copy of any document in the court file, if:
• they have the right to see the document;
• the document can be photocopied; and
• they pay the relevant copy fee.

http://www.attorneygeneral.jus.gov.o...cuments-EN.pdf

[Dadx5]

I have had pages copied from the court file. It costs like $1.00 a sheet I think. If its an old file you may have to request it from Archives.

[OntarioMomma]

I have had pages copied from the court file. It costs like $1.00 a sheet I think. If its an old file you may have to request it from Archives.

So you were able to obtain copies even though it wasn't a case you were involved in?
This one is newer, within the last 6 months.

[HappyMomma]

Yep. It's all public. I've read through the documents for two cases of my ex's. Just go down to the court house and request it. In Ottawa you have to pay $20 to see the file but only once. After that you can go back and look at it as many times as you like.

I didn't make copies - just read through it. It's not cheap to have it taken out of archives but if it's only 6 months old it should still be there.

[OntarioMomma]

Good to know. Thanks happymomma. It's filed with a court house on the other side of the country so I'll probably have to pay for copies to be sent to me

[OrleansLawyer]

It's filed with a court house on the other side of the country

If you look up local bailiffs, they should be able to go to the courthouse, copy whatever you are requesting (and invoice you for doing it, of course) then send it to you by courier.

Remember, if the case has been closed it may have been moved to archives, which requires a request at the counter and often a 2-10 week wait.

[Knowledgeable-Wizard]

Yep. It's all public. I've read through the documents for two cases of my ex's. Just go down to the court house and request it. In Ottawa you have to pay $20 to see the file but only once. After that you can go back and look at it as many times as you like.

I didn't make copies - just read through it. It's not cheap to have it taken out of archives but if it's only 6 months old it should still be there.

Most family law Court files are accessible to any member of the public unless the file has been sealed by a Court order. Matters are automatically sealed so that only the parties and their lawyers can access the Court file if the Children's Aid Society has been involved.

If you are on the other side of the country, your best bet is finding out who the process servers are in the jurisdiction where the Court is, and giving them a call. They likely won't do anything for you until you put some money in trust, as they will have copying fees to pay in order to make a copy of the Court file. Those fees can easily reach several hundred dollars depending on how many pages the Court file is.

[Tayken]

Most family law Court files are accessible to any member of the public unless the file has been sealed by a Court order. Matters are automatically sealed so that only the parties and their lawyers can access the Court file if the Children's Aid Society has been involved.

Actually they are not "sealed". They are still part of the public record but have a specific publication ban attached and in any posted caselaw on canlii the de-identify the parties.

They don't "seal" court documents in Canada. Even the worst case files (like the Benardo case) are available to review.

If you are on the other side of the country, your best bet is finding out who the process servers are in the jurisdiction where the Court is, and giving them a call. They likely won't do anything for you until you put some money in trust, as they will have copying fees to pay in order to make a copy of the Court file. Those fees can easily reach several hundred dollars depending on how many pages the Court file is.

Very good advice. I would only add that I would recommend you find the office building closest to the court house and the service providers in that building. Generally lawyers call the closest person to the court house cause it is the cheapest and usually the most used service. That way you know what they are doing.

Good Luck!
Tayken

[Knowledgeable-Wizard]

Actually they are not "sealed". They are still part of the public record but have a specific publication ban attached and in any posted caselaw on canlii the de-identify the parties.

They don't "seal" court documents in Canada. Even the worst case files (like the Benardo case) are available to review.

It may be part of the Courts of Justice Act:

Documents public

137. (1) On payment of the prescribed fee, a person is entitled to see any document filed in a civil proceeding in a court, unless an Act or an order of the court provides otherwise.

Sealing documents

(2) A court may order that any document filed in a civil proceeding before it be treated as confidential, sealed and not form part of the public record.

I am aware of at least one matter where the Court sealed a file because the Children's Aid Society had been involved in that matter years ago. So perhaps it isn't 'automatic', but I suspect this is a commonly sought Order in many OCJ motions.

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