“The Consolidated Provincial Practice Direction governs the release of digital court recordings. Under the Consolidated Provincial Practice Direction:
C-68. The release of digital recordings will be at the court’s discretion and the use of all digital recordings will be subject to any court order and any common law or statutory restriction on publication applicable to the particular proceeding.
In particular, the section on “Restrictions on Access to Digital Recordings from DRDs” makes clear that unless a judge of the Superior Court of Justice orders otherwise, no digital recordings are available to anyone in respect of “civil and family motions and applications.”
Restrictions on Access to Digital Recordings from DRDs
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- All copies or access to digital recordings are subject to any express order the presiding judge may make. The presiding judge may expand or restrict access to the digital recordings in any particular proceeding before him or her.
- Unless a judge of the Superior Court of Justice orders otherwise, no digital recordings are available to anyone in the following proceedings:
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(a) in camera proceedings or any portion of a proceeding that is heard in camera;
(b) private or closed hearings (e.g. pursuant to ss. 87 of the Child, Youth and Family Services Act);
(c) proceedings subject to a statutory, common law or court ordered restriction on the provision of transcripts or digital recordings of the proceeding (e.g., pre-trial conferences held in court with self-represented accused, pursuant to rule 28.05(4) of the Criminal Proceedings Rules of the Superior Court of Justice (Ontario), proceedings under the Youth Criminal Justice Act); and,
(d) case, settlement and trial management conferences pursuant to rule 17 of the Family Law Rules; and,
(e) civil and family motions and applications (e.g. civil motions and applications under rule 37 and rule 38 of the Rules of Civil Procedure, family motions under rules 14 and 15 of the Family Law Rules).
Accordingly, digital recordings of family motions are not available unless a judge orders otherwise. Also see Mother Doe v. Havergal College, 2020 ONSC 5550.”