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

Document type
Court Decision
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.
Topic, claim, or defense
Defamation or Personality Rights
Document type
Court Decision
Issuing entity
Appellate Domestic Court
Type of service provider
Issues addressed
Trigger for OSP obligations
OSP obligation considered
Data Retention or Disclosure
Type of law
General effect on immunity
Strengthens Immunity
General intermediary liability model
Takedown/Act Upon Court Order