The Prolific Decision on Privacy in Sexual Assault Cases w/Anna Matas

The Prolific Decision on Privacy in Sexual Assault Cases w/Anna Matas

How much privacy is too much? The Court of Appeal recently granted a motion, in part, that will be the standard for sexual assault cases, using the Sherman Estate framework.

The implications are especially critical in sexual violence cases, where litigation itself can be re-traumatizing for the victim.

The case is B.E. v. O.R., 2026 ONCA 501 and to dive into this decision, I reached out to Anna Matas, the lawyer who brought the motion on behalf of her client, B.E.

The issue is, what factors go to the core of ‘individual dignity’, and how the result affects the litigation process for victims. As Anna pointed out, “ I don't think we ever actually succeed in making litigation easy for survivors of sexual assault.”

What You’ll Discover In This Episode

  • The information breach that triggered the first motion for anonymization
  • The sequence of pretrial orders that sealed B.E.'s medical records
  • How the Court’s experience with criminal appeals informed Justice Dawe's decision
  • The appeal that may make it safer to report sexual violence and abuse
  • Why Anna moved away from big ‘crusader’ type cases
  • A disturbing new trend of abusers using litigation to re-traumatize victims
  • How Anna prevents burnout in sexual violence cases

For more case details, visit CanLII

Other cases mentioned:

Sherman Estate v Donovan

Law Society of Ontario v AA

About the Guest

Anna Matas is the founder and principal lawyer of Matas Legal, and a passionate advocate for survivors of sexual violence. She is a Director of the Women's Legal Education and Action Fund (LEAF) and previously served as Chair of the Board of Directors of the Barbra Schlifer Commemorative Clinic, which supports survivors of gender-based violence. In 2024, she received the Women's Law Association of Ontario President's Award. Matas holds an LL.B./B.C.L. (2006) and was an editor of the McGill Law Journal.

About Your Host

Areta Lloyd practices estate and trusts litigation, with a particular focus on capacity litigation. She participates in public speaking, mentoring junior lawyers, and presenting courses on the topics of estates law, health law, and law practice management. Areta has written for several publications and wrote a column for the Alzheimer caregiver website ALZlive.com.

Resources

Have a suggestion for a great case to feature on the show? Email me at hello@onegreatcase.com

Looking for support in your legal career? The Toronto Lawyers Association offers resources, networking, and legal research at no cost. Visit https://www.tlaonline.ca/

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