Sherman Estate v. Donovan,

JurisdictionFederal Jurisdiction (Canada)
CourtSupreme Court (Canada)
JudgeWagner, Richard; Moldaver, Michael J.; Karakatsanis, Andromache; Brown, Russell; Rowe, Malcolm; Martin, Sheilah; Kasirer, Nicholas
Neutral Citation2021 SCC 25
Citation2021 SCC 25
Date11 June 2021
Docket Number38695
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29 practice notes
  • Mbh v Cki,
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • May 15, 2023
    ...94 The Supreme Court of Canada has recently recast the test for discretionary limits on court openness in Sherman Estate v Donovan, 2021 SCC 25 at para 38, as follows: The test for discretionary limits on presumptive court openness has been expressed as a two-step inquiry involving the nece......
  • R. v. G.G.,
    • Canada
    • Alberta Court of Justice
    • April 19, 2023
    ...2014 SCC 46; R. v. Plant, [1993] 3 SCR 28; R. v. Cole, [2012] 3 SCR 34; R. v. Dyment, [1988] 2 SCR 417; Sherman Estate v. Donovan, 2021 SCC 25; R. v. Edwards, [1996] 1 SCR 128; R. v. Barton, 2019 SCC 33; R. v. Barakat, 2019 CarswellOnt 1822 (C.J.); R. v. Goldfinch, 2019 SCC Clements, C.J.: ......
  • 2023 BCSC 159,
    • Canada
    • January 1, 2023
    ...contain private, potentially embarrassing, and possibly stinging allegations of fact. Strauts pre-dates Sherman Estate v. Donovan, 2021 SCC 25. In the context of a civil forfeiture action, the nexus between the property, in which the interested parties claim an interest, and criminal wrongd......
  • British Columbia (Director of Civil Forfeiture) v Lam,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • February 3, 2023
    ...contain private, potentially embarrassing, and possibly stinging allegations of fact. Strauts pre-dates Sherman Estate v. Donovan, 2021 SCC 25. In the context of a civil forfeiture action, the nexus between the property, in which the interested parties claim an interest, and criminal wrongd......
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24 cases
  • Mbh v Cki,
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • May 15, 2023
    ...94 The Supreme Court of Canada has recently recast the test for discretionary limits on court openness in Sherman Estate v Donovan, 2021 SCC 25 at para 38, as follows: The test for discretionary limits on presumptive court openness has been expressed as a two-step inquiry involving the nece......
  • R. v. G.G.,
    • Canada
    • Alberta Court of Justice
    • April 19, 2023
    ...2014 SCC 46; R. v. Plant, [1993] 3 SCR 28; R. v. Cole, [2012] 3 SCR 34; R. v. Dyment, [1988] 2 SCR 417; Sherman Estate v. Donovan, 2021 SCC 25; R. v. Edwards, [1996] 1 SCR 128; R. v. Barton, 2019 SCC 33; R. v. Barakat, 2019 CarswellOnt 1822 (C.J.); R. v. Goldfinch, 2019 SCC Clements, C.J.: ......
  • 2023 BCSC 159,
    • Canada
    • January 1, 2023
    ...contain private, potentially embarrassing, and possibly stinging allegations of fact. Strauts pre-dates Sherman Estate v. Donovan, 2021 SCC 25. In the context of a civil forfeiture action, the nexus between the property, in which the interested parties claim an interest, and criminal wrongd......
  • LDS v SCA, 2021 ABCA 429
    • Canada
    • Court of Appeal (Alberta)
    • December 21, 2021
    ...the open-court principle: AB v College of Physicians and Surgeons of Alberta, 2021 ABCA 320, paras 15-17; Sherman Estate v Donovan, 2021 SCC 25, para 30, 458 DLR (4th) 361. It would conflict with the public interest served by identifying a judgment debtor by pseudonym to require the judgmen......
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5 firm's commentaries
  • Sherman Estate: (Un)sealing Probate Files At The Supreme Court Of Canada
    • Canada
    • Mondaq Canada
    • June 22, 2021
    ...Toronto billionaires, Barry and Honey Sherman, which was on appeal to the Supreme Court of Canada. Today, in Sherman Estate v. Donovan, 2021 SCC 25, the Supreme Court of Canada lifted the sealing orders that had been in place over the Shermans' estate files. This means that the public can a......
  • The Balancing Of Privacy Rights And The Open Court Principle: Disclosure Of Private Information In Litigation
    • Canada
    • Mondaq Canada
    • June 25, 2021
    ...fraud allegations who seek to prevent the disclosure of their personal information and records. Footnotes 1. Sherman Estate v Donovan, 2021 SCC 25. 2. Ibid at para 3. Ibid at para 9. 4. Ibid at para 10. 5. Ibid at para 11. 6. Ibid. 7. Ibid at para 12. 8. Ibid at para 2. 9. Ibid at para 49, ......
  • Open Court Principle Prevails - Case Study: Sherman Estate v Donovan
    • Canada
    • Mondaq Canada
    • June 25, 2021
    ...of the Supreme Court of Canada in Sherman Estate v Donovan (2021 SCC 25) reinforces the open court principle as a constitutionally entrenched right of freedom of expression and thereby a justified limit on the right to privacy. The Trustees of the Sherman Estate lost their appeal to keep pr......
  • Supreme Court Of Canada Recognizes Privacy As A Ground For Sealing Orders
    • Canada
    • Mondaq Canada
    • June 21, 2021
    ...of the order in protecting an important interest against the public interest in open courts. In its decision in Sherman Estate v Donovan 2021 SCC 25 (Sherman), the Supreme Court of Canada recognized that the public interest in protecting individuals' dignity is sufficiently important that a......
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