Law360 Canada (December 14, 2020, 9:15 AM EST) -- Appeal by the defendant U.K. from a decision granting the respondent’s motion for a confidentiality order permitting her to substitute the pseudonym LA in place of her legal name. The respondent sued the appellant for vicarious liability for alleged sexual assault committed by members of the U.K. Royal Navy hockey team against the respondent. A publication ban was issued in the criminal proceedings that prohibited the publication of any information that would disclose the respondent’s identity. The appellant commenced the civil proceeding without the use of a pseudonym. The motion judge concluded that publicly linking the respondent to the sexual assault allegations which were common to both proceedings would lead to harm and retraumatization. She concluded the confidentiality order was necessary to protect her from this harm because there were no reasonable alternative measures to prevent this risk. The appellant argued the hearing judge misapplied the legal test and principles governing the granting of common law publication bans, including the confidentiality order. ...