Privacy in Ontario Family Court:
Sealing Orders vs. Publication Bans
Ontario courts are "Open" by default. Anyone can usually access your court files. Privacy is the exception, not the rule—and it requires a specific legal strategy.
Legal Authority Verification
Privacy Strategy reviewed by Deepa Tailor, Senior Family Lawyer. Updated January 2026 to reflect current "Open Court" principles.
Too Busy to Read? The 30-Second Summary:
The Default:
Ontario courts are "Open." Anyone can usually access court files. Privacy is the exception, not the rule.
Sealing Order:
A rare court order that physically seals the file so the public cannot read the documents. Hard to get.
Publication Ban:
Allows the public to attend court but makes it illegal to publish the names or identifying details (common in cases involving children or sexual assault).
Your Secrets are Public Record
The Disruptor Reality:
Most clients assume their divorce file is private. It isn't. Neighbors, journalists, and nosey relatives can often access court files. If discretion is your priority, you need a specific legal strategy.
Ontario's legal system operates on the principle of "Open Court"—a cornerstone of our democracy that ensures transparency and accountability. While this principle serves the public interest, it can create significant privacy concerns for families navigating sensitive legal matters.
When you file a family law case in Ontario, your court file typically becomes part of the public record. This means:
- Anyone can request to view your court documents at the courthouse
- Members of the public can attend your court hearings
- Journalists can report on your case (unless restricted)
- Your financial statements, affidavits, and other sensitive documents are accessible
For high-net-worth individuals, business owners, public figures, or anyone who values discretion, this default openness can be deeply concerning. The good news: there are legal mechanisms to protect your privacy—but they require strategic planning and compelling legal arguments.
Sealing Orders: The Vault
What is a Sealing Order?
A sealing order is a court order that physically seals your court file, making it inaccessible to the public. When a file is sealed, only the parties involved in the case and their lawyers can access the documents. It's the highest level of privacy protection available in Ontario family court.
The High Threshold:
You can't just seal a file because it's "embarrassing" or "private." Courts grant sealing orders only in exceptional circumstances. You must prove a serious risk (safety, financial harm, or other compelling reason) that outweighs the public interest in open courts.
The Legal Test (Sierra Club Test)
Ontario courts apply the "Sierra Club Test" when considering sealing orders. You must prove:
Serious Risk
There is a serious risk to an important interest (physical safety, financial harm, trade secrets, etc.) if the file remains public.
No Alternative
The risk cannot be mitigated by any other reasonable measure (redactions, publication ban, etc.).
Proportionality
The benefits of sealing the file outweigh the negative effects on the public's right to access court proceedings.
When Sealing Orders Are Granted
Physical Safety Concerns
Cases involving domestic violence, stalking, or credible threats where disclosure of addresses or personal information could endanger a party or their children.
Trade Secrets & Proprietary Information
Business owners whose financial statements contain confidential business information, client lists, or proprietary formulas that would cause competitive harm if disclosed.
Medical or Psychological Records
Sensitive medical information, mental health records, or details about a child's special needs that could cause stigma or harm if publicly disclosed.
Sexual Assault or Abuse Allegations
Cases involving detailed allegations of sexual abuse where public disclosure could re-traumatize victims or compromise ongoing criminal investigations.
Our Strategic Approach
We draft affidavits specifically designed to meet this strict test. Our approach includes:
- Detailed Risk Assessment: Documenting specific, concrete harms (not just general embarrassment)
- Expert Evidence: Security experts, business valuators, or medical professionals to support your claim
- Proportionality Analysis: Demonstrating why less restrictive measures won't work
- Case Law Research: Citing precedents where similar circumstances warranted sealing
Publication Bans: The Shield
What is a Publication Ban?
A publication ban is a court order that prohibits the media and the public from publishing or broadcasting identifying information about the parties or children involved in a case. Unlike a sealing order, the court file remains accessible and the public can still attend hearings—but they cannot share what they learn.
Key Distinction:
"A publication ban doesn't stop people from sitting in the courtroom; it stops them from tweeting about it or putting it in the newspaper."
What a Publication Ban Prohibits
Prohibited
- Publishing names of parties or children
- Sharing photos or identifying details
- Posting case details on social media
- Broadcasting identifying information
Still Allowed
- Attending court hearings in person
- Accessing court files at the courthouse
- Reporting on the case using initials (e.g., "J.S. v. M.S.")
- Discussing legal principles from the case
When Publication Bans Are Granted
Cases Involving Children (Most Common)
Courts routinely grant publication bans to protect children's identities in custody, access, and child protection cases. This is often automatic or granted with minimal argument.
Example: "The court orders that no person shall publish or broadcast the names or identifying information of the children involved in this proceeding."
Sexual Assault or Abuse Allegations
When a case involves allegations of sexual assault, abuse, or exploitation, courts will typically grant a publication ban to protect the victim's identity and dignity.
Example: Cases involving historical abuse allegations in custody disputes.
Mental Health or Medical Conditions
When sensitive medical or psychological information is central to the case, courts may grant a publication ban to prevent stigma or harm to the parties.
Example: Cases involving a parent's mental health treatment or a child's developmental disability.
Public Figures & Reputational Harm
While more difficult to obtain, courts may grant publication bans for public figures (politicians, celebrities, business leaders) if publication would cause disproportionate harm and the case involves children or sensitive allegations.
Example: A CEO's divorce involving custody disputes where media coverage could harm the children.
Important: Publication Bans Are NOT Automatic
Even in cases involving children, your lawyer must argue for a publication ban. Don't assume it will happen automatically. We include publication ban requests in our initial court materials and follow up to ensure the order is granted and properly worded.
Enforcement: Violating a publication ban is a criminal offense under the Criminal Code of Canada. Media outlets and individuals who breach the ban can face fines or imprisonment.
The Ultimate Privacy Hack:
Don't Go to Court
If you want 100% privacy guaranteed, do not go to court. Choose Private Arbitration or Closed Mediation.
Why Private Resolution Guarantees Privacy
No Public Court File
Private arbitration and mediation proceedings are not filed with the court. There is no public record, no court file number, and no documents accessible to the public.
Closed Proceedings
Only the parties, their lawyers, and the mediator/arbitrator are present. No public gallery, no journalists, no curious neighbors.
Confidentiality Agreements
All participants sign binding confidentiality agreements. Disclosure of settlement terms or proceedings is prohibited and enforceable.
Enforceable Outcomes
Arbitration awards and mediated settlement agreements can be filed with the court for enforcement purposes only—without disclosing the underlying details or negotiations.
Who Benefits Most from Private Resolution?
Frequently Asked Questions
Your Reputation Matters.
Protect It.
Whether you need a sealing order, publication ban, or private resolution strategy, we have the expertise to protect your privacy in Ontario family court.
Sealing Orders
Complete file protection for exceptional circumstances
Publication Bans
Prevent media and public disclosure of identifying details
Private Resolution
100% guaranteed privacy through mediation or arbitration