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Andrew Brodkin quoted in "Federal Court of Appeal decision means no questions left on test for protective orders: lawyer", The Lawyer's Daily

February-27-2020

Lawyer Andrew Brodkin

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Excerpt from "Federal Court of Appeal decision means no questions left on test for protective orders: lawyer", Ian Burns, The Lawyer's Daily:

Andrew Brodkin of Goodmans LLP, who served as counsel for the Intellectual Property Institute of Canada (IPIC), which intervened in the case, said the Federal Court of Appeal has now “left no questions whatsoever” as to the test to be applied for granting a protective order.

“A protective order, because it really doesn’t in any way affect the public’s access to the court system, has historically never really required anyone to meet the test [in Sierra Club], but what occurred in Federal Court was a seeming movement toward making it almost impossible to get a protective order by imposing that necessity requirement,” he said. “As someone who has done this for a long time it is very gratifying when a court steps in to areas of law that are unclear and clarifies them. This was a really good example of our court system working the way it is supposed to.”

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