SI
SI
discoversearch

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor.  We ask that you disable ad blocking while on Silicon Investor in the best interests of our community.  If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.
Pastimes : Investment Chat Board Lawsuits -- Ignore unavailable to you. Want to Upgrade?


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

Recommended By
EL KABONG!!!

  Read Replies (1) | Respond to of 12465
 
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.



To: Buckey who wrote (12394)12/10/2021 11:33:06 PM
From: Jeffrey S. Mitchell  Respond to of 12465
 
In this particular case, after reading a handful of messages on the Stockhouse Midpoint board, I highly doubt Ivany, the plaintiff, doesn't already know who TheTexan is, given TheTexan says he was a seven figure investor in a prior Ivany venture. The PDF of the SEC lawsuit he refers to can be found HERE. Just another attempt to try to intimidate and silence someone. Thankfully, we don't see too much of this any more given it just shines a floodlight on the guy looking to turn a flashlight off. Regardless, as Dave wrote, all a platform can really do is make sure whatever demands given to them are valid and legally enforceable. Good find!

- Jeff