2010 September 24

Adelo Systems Inc. v. Sinclair, 2010 ONSC 5229

The Ontario Superior Court of Justice ordered that the defendant cease contacting the plaintiff and its employees and departments directly or indirectly by email about the subject matter of this litigation (claims for defamation, intentional interference with economic relations and infringement of trademark) until completion of the action or further order of the Court; the defendant was ordered to communicate only with the plaintiff company’s legal counsel. However, the Court rejected the plaintiff’s application for a broadly worded injunction to prevent the defendant from communicating with competitors or saying anything about the plaintiff. The Court held that the plaintiff had not shown that it will suffer irreparable harm that cannot be compensated by damages if the injunction is not awarded and that the evidence was not sufficient to prove the defendant was responsible for an allegedly defamatory report posted on Ripoffreport or that the defendant controlled (at the time of this motion) any website employing the plaintiff’s name in a pejorative way.