Dempsey v. Pagefreezer Software Inc.
Nathan Kirk Dempsey
Law Firm / Organization
Self Represented
Pagefreezer Software Inc.
Michael Riedijk

Background: Nathan Kirk Dempsey, former employee and shareholder of Pagefreezer Software Inc., disputed a settlement agreement with the company and its founder, Michael Riedijk. The case involved confidential and sensitive information, leading to multiple sealing orders.

Legal Arguments/Issues:

  • Sealing Orders: The respondents, Pagefreezer Software Inc. and Michael Riedijk, sought permanent partial sealing orders to protect commercially sensitive information and material covered by contractual confidentiality and settlement privilege.
  • Serious Risk to Public Interest: The court assessed whether public access to the court documents posed a serious risk to important public interests, particularly the preservation of confidential information.
  • Reasonable Alternatives: It was determined that no reasonable alternative measures could address the risk other than sealing the sensitive materials.
  • Proportionality: The benefits of issuing the sealing orders were found to outweigh the negative effects, with redacted versions of documents being made publicly accessible.

Judgment: The court granted the application for permanent partial sealing orders. It ordered the sealing of specific portions of material in the appeal records CA48500 and CA48624 and future filings related to these cases.

Costs and Awards: Nathan Kirk Dempsey was ordered to post security for costs amounting to $8,500 within 30 days for both appeals. His appeals were ultimately dismissed as abandoned due to his failure to comply with the orders to post security for costs. No additional awards or costs in favor of the respondents were specified in the judgment.

Court of Appeals for British Columbia
CA48500; CA48624
Employment law
$ 8,500
Respondent