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:

1. Judicial Comity: Nova Scotia must respect British Columbia’s sealing orders.
2. Confidentiality: Dempsey’s filings contained sealed, sensitive materials.
3. 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.