Key Issues:
Citadelle requested a sealing order to protect confidentiality of its agreements with The Coca-Cola Trading Company related to micro-filtered not-from-concentrate (NFC) cranberry juice supplies.

Background:

• Miller & Smith claims a 3% commission agreement for managing sales of Citadelle’s NFC juice to Coca-Cola in the U.S.
• Citadelle disputes the claims and has not yet defended the action but challenges the jurisdiction of Ontario courts.
• Citadelle provided documents (Master Supply Agreements - MSAs and Individual Supply Agreements - ISAs) under a confidentiality request.

Sealing Order Request:

• Citadelle argued that disclosing these agreements, containing proprietary and commercially sensitive details, would harm both Citadelle and Coca-Cola by revealing competitive information.
• The motion was supported by Coca-Cola, emphasizing that disclosure could damage its supplier relationships.

Legal Analysis:

• Based on Sherman Estate v. Donovan (2021 SCC 25), a sealing order requires showing that:
  1. Court openness risks a serious public interest.
  2. No alternative measures can mitigate this risk.
  3. Benefits of the order outweigh negative impacts on transparency.

Court’s Decision:

• The judge found that the commercial confidentiality of the agreements posed a serious risk to Citadelle’s and Coca-Cola’s interests.
• The request for a narrowly tailored sealing order was granted, protecting the MSAs and ISAs from public disclosure while minimally impacting public access to court proceedings.
• No monetary award specified.

Conclusion:
The court approved the sealing order to protect the confidential agreements between Citadelle and Coca-Cola, ensuring that sensitive business information remains protected.