When will a court refuse to grant a publication ban during a cross-examination?
British Columbia, Canada
The following excerpt is from B.G. et al v. HMTQ, 2002 BCSC 1417 (CanLII):
The court also refused to grant a publication ban in Waxman v. Waxman (2000), 48 C.P.C. (4th) 305 (Sup. Ct. J.) where the defendant Waxman had made a motion during his cross-examination for a non-publication order in respect of his evidence. This was not a sexual assault case, but the defendant was being cross-examined on allegedly false allegations that he said were “of the most serious nature,” arising in the course of different litigation. He argued that publication of his testimony would result in embarrassment to him and his family and might have an effect on other litigation in which he was involved.
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