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Middlesex Vacant Land Condominium Corporation No. 605 v. Cui - 2021 ONCAT 90 - 2021-10-01

Corporation:

MVLCC 605

Date:

2021-10-01

Under:

CAT Decisions - Motion Order
Procedural Issue with Governing Documents

Summary:

In the case of Middlesex Vacant Land Condominium Corporation No. 605 v. Cui, 2021 ONCAT 90, a Confidentiality Order was issued on October 1, 2021, by Member Maureen Carter-Whitney. The order was made in response to a request from the Respondent who had submitted personal information as late evidence in the proceeding. The order was based on the need to protect highly sensitive personal information and prevent any potential affront to the Respondent's dignity. Therefore, Exhibits 40, 41, and 42 were deemed confidential and not to be made part of the public record. Users involved in the case were instructed to ensure the privacy of confidential information and adjudicative records.

Verdict:

In the case of Middlesex Vacant Land Condominium Corporation No. 605 v. Cui, 2021 ONCAT 90, Member Maureen Carter-Whitney issued a Confidentiality Order on October 1, 2021, to protect highly sensitive personal information provided by the respondent. The order underscores the importance of safeguarding personal information to prevent any affront to an individual's dignity, in accordance with recent legal developments. Exhibits 40, 41, and 42 are deemed confidential and should not be part of the public record, and all users involved in the case are required to take reasonable steps to ensure the privacy of confidential information and adjudicative records, refraining from disclosing or sharing such information. The lesson is the paramount importance of respecting and protecting sensitive personal information in legal proceedings, even when there is a strong presumption in favor of open court principles.

Takeaways:

Protection of Personal Information: The order addresses the protection of personal information submitted to the Tribunal and highlights the importance of safeguarding such information.

Sensitive Nature of Information: The order emphasizes that personal information, when of a highly sensitive nature, should be protected to prevent any affront to an individual's dignity, as affirmed by the Supreme Court of Canada.

Confidential Exhibits: Exhibits 40, 41, and 42 in the case are deemed confidential and should not be made available as part of the public record.

Privacy Obligations: All users involved in the case are obligated to take reasonable steps to ensure the privacy of confidential information and adjudicative records, including refraining from disclosing or sharing such information.

Respect for Dignity: The order underscores the importance of respecting an individual's dignity and safeguarding sensitive personal information.

Recommendations: 

Prioritize Privacy and Dignity: When dealing with personal information, prioritize the privacy and dignity of individuals involved. Assess whether the sensitive nature of information could lead to an affront to an individual's dignity and consider confidentiality measures.

Compliance with Data Protection Rules: Ensure that all decisions regarding the handling of personal information comply with relevant data protection rules and regulations, respecting individuals' right to privacy.

Clear Confidentiality Orders: In cases involving sensitive information, issue clear confidentiality orders that outline which specific documents or evidence are deemed confidential and restrict access to such materials to maintain their privacy. Users must be reminded of their responsibility to keep confidential information private and take reasonable steps to ensure its privacy.

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