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ARTICLE · 26 JANUARY 2012

Records Management @ Gowlings - January 23, 2012 - Volume 3, Number 1

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Motion brought by the plaintiff requesting an Order compelling the defendants to produce relevant documents in their possession and control relating to the identities of three John Doe defendants.

CanadaLitigation, Mediation & Arbitration
Louis Frapporti
Louis Frapporti
Christopher Purdon
Christopher Purdon
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Legal Technology

CASE LAW

Warman v. Wilkins-Fournier  2011 ONSC 3023.

Motion brought by the plaintiff requesting an Order compelling the defendants to produce relevant documents in their possession and control relating to the identities of three John Doe defendants.  The defendants owned a operated a message board which allowed users to post comments on a variety of topics.  The three John Doe defendants were alleged to have posted defamatory comments.  The documents demanded were the IP addresses used to create the accounts in question, the e-mail addresses and personal subscriber information and the IP addresses used by the John Doe defendants to make the alleged defamatory comments.  There was no issue as to the relevance of the documents or the fact that the data came within the meaning of the term "document". 

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