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Pastimes : Investment Chat Board Lawsuits
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To: Buckey who wrote (12394)12/10/2021 5:30:38 PM
From: SI Dave1 Recommendation

Recommended By
EL KABONG!!!

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Do you know that they aren't opposing it? They may or may not have standing and/or legal basis to oppose it.

I can't speak to Canadian due process, but in the US if the plaintiff files a John Doe lawsuit and makes a prima facie case that meets certain standards, they have a fair chance of success on their discovery. If the plaintiff is successful and the court orders the site to produce, assuming the court has jurisdiction then the site doesn't really have any choice unless they want to be held in contempt. Generally speaking, Canadian websites are accountable to Canadian courts. The website may have a right to oppose the action seeking the order, but they don't have the obligation to oppose it. Ultimately, it's the individuals whose information is being sought that have the greatest standing to intervene.

The bar for defamation and discovery are lower in Canada than in the USA. As is the bar for unmasking internet anonymity.
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