In a personal injury action, in what circumstances will the court allow the public to be excluded from the proceedings?
Ontario, Canada
The following excerpt is from Doe v. O’Connor, 2010 ONSC 1830 (CanLII):
At the same time and given the nature of the relief requested by the plaintiff, regard must also be had to the strong presumption which exists in favour of the openness of the courts. As Dickson J., as he then was, stated in Macintyre v. Nova Scotia (Attorney General), 1982 CanLII 14 (SCC), [1982] 1 S.C.R. 175 (S.C.C.) at p. 185: Many times it has been urged that the ‘privacy’ of the litigants requires that the public be excluded from court proceedings. It is now well established, however, that covertness is the exception and openness the rule. Public confidence in the integrity of the court system and understanding of the administration of justice are thereby fostered. As a general rule the sensibilities of the individuals involved are no basis for the exclusion of the public from judicial proceedings.
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