Ä¢¹½ÊÓƵAT Held or Ä¢¹½ÊÓƵDT Pronouncements
The Applicant filed a motion withdrawing his application and requesting that the case file be placed under seal. The Ä¢¹½ÊÓƵDT stated in the judgment that, there no longer being any determination to make, the application was dismissed in its entirety without liberty to reinstate. The Ä¢¹½ÊÓƵDT found that, given the already confidential status of the Tribunal¡¯s case files, the Applicant¡¯s request to place the case record under seal need not be granted. However, the Ä¢¹½ÊÓƵDT ordered that, taking into consideration the particular circumstances of this case, the Applicant¡¯s name be redacted from the Judgment.
Decision Contested or Judgment/Order Appealed
The Applicant filed an application contesting the decision not to grant him a permanent appointment because of a prior disciplinary sanction of written censure imposed on him as a result of a finding of misconduct.
Legal Principle(s)
Under seal: The mere fact that judicial records may reveal potentially embarrassing information is not in itself sufficient reason to place them under seal.Finality of disputes: The desirability of finality of disputes in proceedings requires that a party should be able to raise a valid defence of res judicata which provides that a matter between the same persons, involving the same cause of action may not be adjudicated twice. Res judicata: Once a matter has been determined, parties should not be able to re-litigate the same issue. An issue, broadly speaking, is a matter of fact or question of law in a dispute between two or more parties which a court is called upon to decide and pronounce itself on in its judgment. The object of the res judicata rule is that ¡°there must be an end to litigation¡± in order ¡°to ensure the stability of the judicial process¡± (Meron 2012-Ä¢¹½ÊÓƵAT-198).Judgment: Generally, a judgment involves a final determination of the proceedings or of a particular issue in those proceedings.