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I bought a used car in 2011. I want to adduce my illness to justify why I didn't discover evidence of false, misleading representations until 6 years after (in 2017), under the discoverability principles in Limitations Act 2002 c. 24, Sched. B, ss. 4-5.

But I want just the defendant (because of Discovery) and judge, and nobody else, to know about my illness and see medical documents. I don't want it published on CanLII or law reports!

Thus what to do? Do I simply write something like the beneath on my ON St Cm Court claim form, but not submit details or evidence for now until the defendant and judge confirm confidentiality?

I can consider disclosing details of my serious illness and medical evidence confidentially with just the defendant and judge, but I refuse to have it publicized or disclosed in any way like on CanLII or law reports, or anyone else to know.

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No, discovery means you turn over the evidence to the other party so they can mount a defense. You can't hide things, by definition of discovery unless you can show you would be harmed.

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  • Thanks. I changed my post to include the defendant. But how to hide from the public?
    – user89
    Oct 30, 2019 at 19:47
  • You can ask the judge to seal the records, but you can't force it.
    – Putvi
    Oct 30, 2019 at 19:48

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