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  • Question for Orleans Lawyer

    I was reading a case this morning in which sec. 137(2) of the Courts of Justice Act was invoked part way through an action; however, it took me a total of about 30 seconds to find information on the case despite the order.

    How effective is this and once a case is put on Canlii, can a party get an order to have it removed? In principle, the idea is to protect the identity of various parties but the order is useless when other orders are available no?

  • #2
    Ok I'm not OrleansLawyer but I do know there is a "contact us" tab on CanLii. Do I think they will alter anything? Highly doubtful.

    There were errors in my posted decision and the trial date was wrong too (extended by a day). They wouldn't change it.

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    • #3
      Sadly this was the only reason that I think my ex wanted to avoid court. His reputation is very important to him. When I discovered canlii, I sent him some links showing that his name, the kids' names, his occupation, and all of our disagreements and personal information would be online for everyone to read, he backed right down.

      It wasn't the cost of litigation nor the effect on our family/children, he just didn't want everyone to know his business.

      Interestingly enough, when I searched his new girlfriend's name, a court case came right up too. Canlii is an interesting place to poke around in and I can certainly see why anyone would not want their personal information aired in public.

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      • #4
        S&T: kinda handy that CanLii was motivational in your matter. It's definitely public info. My name, ex's name, son's name, ++ other people mentioned by full name too. My ex likely didn't know about CanLii and the public accessibility etc - but he doesn't care, anyway. No pride. No shame.

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        • #5
          It is funny hadenough. I didn't expect him to take Canlii very seriously. I was more worried about my kids reading our private stuff in the future, long after it was behind us. He had already started the court proceedings and we had our first case conference when I brought it to his attention, not in any way to motivate him, but to say "Did you know this happens? That anyone (including D11 and D8) will be able to read this?" I try so hard to keep the drama away from my children.

          I didn't even know about canlii until I came here looking for information. I don't care what motivates the ex as long as we can get things settled and move on.

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          • #6
            It was a general question. An order was made to protect a person/people in a highly sensitive case and I personally think such an order should have been made. But it really is moot when anyone can find further information; it sure doesn't help when the reflex record has previous decisions that don't protect the parties' privacy.

            Sure, the court file and all that it contains is protected, but that's it. Seems like a waste of client funds/judicial time/taxpayor funds, when it doesn't do squat, but give a client a false sense of security.

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            • #7
              BTW, if I ever do think about dating again, that will be the first place that new guy's name will go. Right into Canlii's search engine.

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              • #8
                Originally posted by SadAndTired View Post
                BTW, if I ever do think about dating again, that will be the first place that new guy's name will go. Right into Canlii's search engine.
                That is hilarious! I have a friend who been married twice and when I met him (he was just separating with the second one) I was doing research with canlii and he asked what I was doing. He quickly directed he ex to the place and convinced her that they needed to come to a settlement because they both agreed they would likely meet someone later in life and they didn't want to dig that garbage up again!

                Me. No worries - I like living single too much

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                • #9
                  By SadandTired: "BTW, if I ever do think about dating again, that will be the first place that new guy's name will go. Right into Canlii's search engine."

                  Lol. Me too!! But I also see/live/breathe mom2three's point "I like living single too much."

                  I HEAR YOU!

                  Comment

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