The Ontario Superior Court of Justice has issued its appellate decision on whether the owners of the Free Dominion website can be ordered to disclose the identities of several anonymous posters accused of defamation. The original order covered email and IP addresses. On appeal, the Canadian Civil Liberties Association and CIPPIC intervened to argue that the court should take free speech and privacy rights into consideration when assessing whether an order is appropriate.
Relying heavily on the Sony BMG v. Doe case (the file sharing lawsuit that CRIA now denies exists), the court notes that it "illustrates that a court must have regard to the privacy interests of anonymous users of the Internet before granting a Norwich Phramacal order, even where the issue involved pertains to property rights and does not engage the interest of freedom of expression."
