Many Manitobans would be surprised to find out that until recently family court files were accessible to the public. If your neighbour or co-worker or business competitor are going through a messy divorce, you could go to the courthouse and read the file. All the dirty laundry is there to see. 

 

The clients in a high profile divorce would have to ask a Judge for permission to seal or restrict access to the file. Without a court order, all the information in Affidavits and expert reports and private medical documents could be accessible.

 

Aside from embarrassing information, the court files are filled with financial information as well. Each spouse's home address, social insurance number, employment income, a list of their assets and debts and financial information about their farms and businesses are included. One can only imagine the nefarious ways this information can be used.

 

At long last there has been a Court of King’s Bench rule change. Now, Rule 4.10(1) says that only the Judges, court staff, the parties involved in the court file and their lawyers are allowed access to the court file. There are a few exceptions, such as for child welfare agencies, police officers, Law Society staff or social workers conducting a family assessment. However, uninvolved but nosy neighbours or co-workers or identity thieves are no longer going to be to able to simply go to a courthouse and be given access to family law files.