2010 June 4

A.B. v. Bragg Communications Inc., 2010 NSSC 215

The Nova Scotia Supreme Court ordered, inter alia, that the defendant disclose the identity of a person whose used a specified IP address at a specified date and time including (if available) name, address, telephone number and any other identifying information. This action arose from the alleged creation by an unidentified perpetrator of a fake Facebook profile which included a photograph of the applicant A.B. and other particulars which identified her. The Facebook profile also discussed the applicant’s physical appearance, weight, and allegedly included scandalous sexual commentary of a private and intimate nature. The Facebook profile was removed by the internet provider in March, 2010. Applying the principles discussed by the Ontario Divisional Court in Warman v Wilkins-Fournier, 2010 ONSC 2126, the Nova Scotia Supreme Court held that a prima facie case of defamation had been made out and stated that “…where a prima facie case of defamation is established and no public interest beyond the general right of freedom of expression is offered in support of maintaining the author’s anonymity, … the public interest favouring disclosure prevails.”