5 Feb 2025
Dempsey v. Pagefreezer Software Inc. and Riedijk
Key Issues:
- Pagefreezer Software Inc. and CEO Michael Riedijk sought a permanent sealing order on court records.
- Nathan K. Dempsey, a former employee and shareholder, opposed, citing the open court principle and Charter rights.
Background:
- Dempsey sued Pagefreezer in British Columbia, alleging fraud, perjury, and harassment. Courts dismissed his claims, declared him a vexatious litigant, and imposed cost awards totaling $336,852.64.
- Pagefreezer sought enforcement in Nova Scotia, obtaining execution orders for:
- $41,271.53 (Contempt Costs Award)
- $295,581.11 (Special Costs Award)
- Dempsey contested enforcement but failed in all appeals. He was also held in contempt for refusing to comply with discovery orders and served a 30-day jail sentence.
Rationale for Sealing Order:
- Judicial Comity: Nova Scotia must respect British Columbia’s sealing orders.
- Confidentiality: Dempsey’s filings contained sealed, sensitive materials.
- Proportionality: The case concerns cost enforcement, not re-litigation. Redactions were impractical.
Court’s Decision:
- Sealing order granted permanently.
- Dempsey must pay $500 in costs to Pagefreezer and Riedijk.