0

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.

-1

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.

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

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.