2021 QCCQ 1351, 2021 QCCQ 1351

Pettigrosso c. Autobus Gérald Séguin inc. 2021 QCCQ 1351 COURT OF QUEBEC “ Small Claims Division “ CANADA PROVINCE OF QUEBEC DISTRICT OF MONTRÉAL “ Civil Division “ No: 500-32-712690-207 DATE: February 15, 2021 ______________________________________________________________________ BY THE HONOURABLE STÉPHANE DAVIGNON, J.C.Q. ______________________________________________________________________ MADDALENA PETTIGROSSO in her capacity as tutor for Victoria De Angelis Plaintiff v. AUTOBUS GÉRALD SÉGUIN INC. and PETER HALL SCHOOL INC.

Defendants ______________________________________________________________________ JUDGMENT ON A DEMAND FOR CONFIDENTIALITY OF EXHIBITS ______________________________________________________________________ [ 1 ] The Plaintiff is seeking an order from the Court to declare confidential Exhibits P-4, P-5 and P-6 produced in support of her claim against the Defendants. [ 2 ] On the merits, the Plaintiff alleges that her daughter Victoria De Angelis sustained physical and psychological damages as a result of an assault on her by a young boy with autism on the drive home in her school bus, for which she holds both the bus company and the school responsible. [ 3 ] Exhibits P-4 and P-5 consist of a portion of Victoria De Angelis’ medical record and Exhibit P-6 consists of pictures of her showing her injuries as a result of the assault. [ 4 ] It is a well known principle that in civil matters the public nature of procedure before the Courts of Justice is the rule, as it’s provided for in

article 11 of the Code of Civil Procedure (C.C.P.) : Civil justice administered by the courts is public. Anyone may attend court hearings wherever they are held, and have access to court records and entries in the registers of the courts. An exception to this principle applies if the law provides for in camera proceedings or restricts access to the court records or to certain documents filed in a court record. Exceptions to the principle of open proceedings set out in this

chapter apply despite

section 23 of the Charter of human rights and freedoms (chapter C-12 ) . [ 5 ] Yet despite the general principle, the Court can make an exception in certain particular situations, notably should it feel appropriate to preserve the dignity or the protection of a person and therefore limit the access to certain documents or information [1] . In this regard,

article 16 of the C.C.P. provides: 16. In family matters or in matters regarding a change of designation of sex as it appears in a minor child’s act of birth, access to the court records is restricted. In all other matters , especially those relating to personal integrity or capacity, access to documents pertaining to a person’s health or psychosocial situation is restricted if they have been filed in a sealed envelope . (emphasis added) [ 6 ] T he Regulation of the Court of Québec specifically provides the following in its articles 16 and 17 [2] : 16 Medical record. Pursuant to

article 16 of the Code of Civil Procedure (chapter C-25.01 ), a medical record or an expert report prepared by a physician, psychologist or social worker, or any other expert report of a psychosocial nature filed in the record in a sealed envelope, is kept in the envelope and no person, except a person authorized by law, may have access to it without the permission of the court or a judge. The nature of the documents filed in a sealed envelope must be written on the envelope. Access to such documents includes the right to make copies at the person’s expense. 17. Documents in a sealed envelope .

The clerk enters in the record the name and title of every person who consults a document in a sealed envelope or who requests a copy of such a document. Access-restricted records or documents may only be consulted or copied by the parties, by their representatives, by lawyers and notaries, by persons designated by law, and by any person, including journalists, who has been authorized by the court after proving a legitimate interest, subject to the access conditions and procedure determined by the court.

[ 7 ] Although the Plaintiff did not file her daughter’s medical record and pictures in a sealed envelope, the Court concludes that by her request to have these exhibits declared confidential, she has clearly expressed her will to have their access limited to the parties and not to any other person, unless with the permission of the court or a judge . [ 8 ] Accordingly, the Court concludes that Exhibits P-4, P-5 and P-6, namely the medical record of Victoria De Angelis and the pictures pertaining to her injuries and health condition are to be declared confidential and filed in a sealed envelope with a limited access.

FOR THESE REASONS, THE COURT : [ 9 ] GRANTS the Plaintiff's application for confidentiality of Exhibits P-4, P-5 and P-6; [ 10 ] DECLARES that the medical record of Victoria De Angelis (Exhibits P-4 and P-5) and the pictures produced as Exhibit P-6 are confidential ; [ 11 ] ORDERS that Exhibits P-4, P-5 and P-6 be filed in a sealed envelope with access restricted to be consulted or copied strictly by the parties or by their representatives or by persons designated by law, and by any person, including journalists, who has been authorized by the court after proving a legitimate interest, subject to the access conditions and procedure determined by the court. [ 12 ] THE WHOLE , without legal fees. __________________________________ STÉPHANE DAVIGNON, J.C.Q.