Is a confidentiality order sealing the five-figure sum ordered by the Court of Appeal protecting the Diocese from disclosure?
New Brunswick, Canada
The following excerpt is from Évêque Catholique Romain de Bathurst v New Brunswick (Attorney General), 2010 NBQB 400 (CanLII):
In summary, the very limited confidentiality order sealing the five figures is consistent with long settled principles of civil law. Those principles allow a Defendant, such as the Diocese will be in any litigation arising from the sexual abuse claims, the right to keep confidential the amount or amounts it has paid during litigation to opponents that has not been made public, what funds it holds in reserve for possible compensation awards it feels it may be liable to pay in the future as a result of ongoing litigation and the costs of legal fees necessary to complete a legal proceeding to final resolution. All are in one way or another linked to solicitor-client privilege or litigation privilege against disclosure. See, in this regard: Smith v. Jones 1999 CanLII 674 (SCC), [1999] 1 S.C.R. 455 (S.C.C.) per Cory J. for the majority at paragraphs 44 and 50.
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