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ARTICLE · 04 DECEMBER 2015

Addressing Anonymity

Norton Rose Fulbright Canada LLP
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The article discusses the tools BC courts have adopted to deal with anonymous online parties and conduct.

CanadaLitigation, Mediation & Arbitration
Mathew Brechtel
Mathew Brechtel
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Tools for the online world

In court proceedings, an anonymous defendant can present a serious problem: What defendant should be named? Who must be served? The prevalence of online anonymity has brought these issues to the forefront for litigants addressing online wrongs. Fortunately, there are tools that our courts have adopted, and adapted, for the online world.

Even anonymous actions leave a trail

Often the first challenge is finding out who is responsible for a defamatory comment or posting of copyright protected materials. Identifying a defendant, after all, is the foundational step in commencing a claim. While comments or postings may not have a name attached, that does not mean that no identifying information exists.

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