Ontario Superior Court, Irwin Toy v Doe, 2000 OJ No 3318

This case demonstrates a successful application for a disclosure order under the Ontario Rules of Civil Procedure (30.10 and 31.10). Defamatory emails were sent to 75 employees working at the plaintiff’s company. The plaintiff was able to trace those emails to particular IP addresses belonging to the ISP company iPrimus. Given that the plaintiff established a prima facie case, the ISP was required to reveal the owners of the IP addresses in question. The court also noted that ISPs does not have an obligation to disclose user information without a court order.