Tag for delivery
Case Name:
K.B. (Litigation guardian of) v. Toronto District
School Board

APPLICATION UNDER ss. 2 and 6(2) of the Judicial
Review Procedure Act, R.S.O. 1990, c. J.1

Between
K.B. (by his litigation guardian Roxanne Nanton) and
and T.M. (by his litigation guardian Patricia Angus),
applicants, and
The Toronto District School Board and Louie
Papathanasakis, Principal, Emery Collegiate Institute,
respondents

[2006] O.J. No. 362
Court File No. 06-CV-304058

Ontario Superior Court of Justice
P.M. Perell J.

February 1, 2006.
(2 paras.)

Counsel:

       No Counsel mentioned.

ORDER

 1      P.M. PERELL J.:— THIS MOTION, made by the respondents, was heard this day at 60 Queen St. W., Toronto, Ontario.

 2      ON READING THE notice of motion dated January 20, 2006, the notice of application in Ontario Superior Court of Justice file no. 05-CV-302015 PD1, the notice of application in Ontario Superior Court of Justice file no. 06-CV-304058, and the consent of the applicants, and upon being advised that the Attorney General of Canada and the Attorney General of Ontario take no position on this motion,

1.

THIS COURT ORDERS that this application be and hereby is transferred to the Divisional Court, Ontario Superior Court of Justice in Toronto to be heard by that court or by a single judge of that court sitting as a judge of the Ontario Superior Court of Justice, as may be further ordered.
2.

THIS COURT ORDERS that, subject to any further order of the court, an order or orders substituting all applicants' names with their respective initials, amending the style of cause in the form annexed as Schedule "A" hereto and sealing the court's public record in its entirety in this application until the hearing of those applications on their merits, subject to the following terms:

(a)

no part of the court's public record is sealed from

(i)

any party to either the application or any of their solicitors, or
(ii)

the Attorney General of Ontario or his solicitors, or
(iii)

the Attorney General of Canada or his solicitors,

(collectively, the "Excepted Parties"), and

(b)

nothing in this order affects the ability of any of the Excepted Parties to use the materials sealed hereunder in prosecuting or responding to this application and, in particular but without limiting the generality of the foregoing, nothing in this order affects the ability of the Excepted Parties to use any of the materials sealed hereunder in interlocutory proceedings, in preparation for hearings on the merits, in preparing affidavits, in preparing witnesses, or in examining or cross-examining witnesses.

3.

THE COURT ORDERS that there are no costs of this motion.

P.M. PERELL J.

QL UPDATE:  20060210
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