Superior Court Issues Partial Sealing Order In Commissioner's Case Against Chatr Wireless

In a recent ruling, Ontario's Superior Court of Justice explored the principles underlying the law respecting sealing orders and its application to reviewable matters under Part VII.1 of the Competition Act. On a motion by the Commissioner of Competition, the Court issued a partial confidentiality (or sealing) order with respect to certain information used by the Commissioner in her application against Rogers Communications Inc. and its wholly owned subsidiary, Chatr Wireless Inc., for alleged misleading advertising. Information about "dropped call" rates, which the Court characterized as being at the "very heart" of the Commissioner's application, was excluded from the sealing order after the Court determined that it was essential for that aspect of the proceedings to remain transparent.