National Bank Financial Ltd. v. Potter et al. 2012 NSSC 90
Civil Rights - Trials - Due process, fundamental justice and fair hearings - Right to fair trial
Five related multi-party actions were being heard together. The actions arose out of the collapse of a publicly traded company, Knowledge House Inc. Clarke, who was a former investment adviser of one of the financial institutions involved in the litigation and no longer a party to the actions in light of settlement agreements, was ordered to appear as a witness in these five related actions. Clarke moved, as a non-party, for a confidentiality order, arguing that testifying in open court would infringe his right to a fair trial in an ongoing related criminal proceeding.
The Nova Scotia Supreme Court refused to grant Clarke’s motion.