Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
34240
A.B. by her Litigation Guardian, C.D. v. Bragg Communications Incorporated, a body corporate, et al.
(Nova Scotia) (Civil) (By Leave)
(Publication ban in case) (Sealing order)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2012-10-23 | Appeal closed | |
| 2012-09-28 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2012-09-28 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2012-09-27 |
Judgment on the appeal rendered, CJ LeB De F Abe Ro Ka, The appeal from the judgment of the Nova Scotia Court of Appeal, Number CA330605, 2011 NSCA 26, dated March 4, 2011, heard on May 10, 2012, is allowed in part to permit A.B. to proceed anonymously with her application for disclosure of the identity of the relevant IP user(s). The lower courts’ costs orders are set aside and no costs are awarded in this Court. Allowed in part, without costs |
|
| 2012-07-04 | Media lock-up request refused | |
| 2012-06-29 | Media lock-up consent form received from, Daniel Burnett | Daniel W. Burnett |
| 2012-06-28 | Media lock-up consent form received from, Brian Murphy | BullyingCanada Inc. |
| 2012-06-21 | Media lock-up consent form received from, McInnes Cooper | A.B. by her Litigation Guardian, C.D. |
| 2012-06-20 | Media lock-up consent form received from, Nancy G. Rubin | Halifax Herald Limited, a body corporate |
| 2012-06-12 | Media lock-up letter, consent form and undertaking sample sent to all parties | |
| 2012-06-08 | Media lock-up requested or proposed | |
| 2012-05-28 | Transcript received, (98 pages) | |
| 2012-05-10 | Judgment reserved OR rendered with reasons to follow | |
| 2012-05-10 | Intervener's condensed book, (14 copies) distributed at the hearing | Kids Help Phone |
| 2012-05-10 | Intervener's condensed book, (14 copies) distributed at hearing | Privacy Commissioner of Canada |
| 2012-05-10 | Amicus curiae's condensed book, (14 copies) distributed at hearing | Daniel W. Burnett |
| 2012-05-10 |
Appellant's condensed book, (14 copies) distributed at hearing |
A.B. by her Litigation Guardian, C.D. |
| 2012-05-10 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2012-05-10 |
Hearing of the appeal, 2012-05-10, CJ LeB De F Abe Ro Ka Judgment reserved |
|
| 2012-05-08 | Order on motion to extend time | |
| 2012-05-08 |
Decision on motion to extend time, to serve and file the intervener's factum and book of authorities to May 3, 2012, Reg Granted |
|
| 2012-05-08 | Submission of motion to extend time, Reg | |
| 2012-05-08 | Supplemental document, Book of Authorities, Completed on: 2012-05-08 | Canadian Civil Liberties Association |
| 2012-05-07 | Correspondence received from, Heather Ross, by email, Re: requesting one reserved seat at hearing | Kids Help Phone |
| 2012-05-07 | Notice of appearance, Tamir Israel and David Fewer will be present at hearing | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
| 2012-05-04 | Correspondence received from, Caroline Etter, by email, Re: requests 4 reserved seats at the hearing | Privacy Commissioner of Canada |
| 2012-05-04 | Motion to extend time, to serve and file the factum and authorities to May 3/12, Completed on: 2012-05-04 | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
| 2012-05-03 | Intervener's book of authorities, Completed on: 2012-05-02 | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
| 2012-05-03 | Intervener's factum, Completed on: 2012-05-03 | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
| 2012-05-02 | Notice of appearance, Ryder GIlliland and Adam Lazier will be present at the hearing | Newspaper Canada, Ad IDEM/Canadian Media Lawyers Association, Canadian Association of Journalists,, Professional Writers Association of Canada and Book and Periodical Council |
| 2012-05-02 | Notice of appearance, Daniel W. Burnett and Paul Brackstone will be present at the hearing | Daniel W. Burnett |
| 2012-05-02 | Notice of appearance, Iris Fischer and Dustin Kenall will be present at the hearing | Canadian Civil Liberties Association |
| 2012-05-02 | Notice of appearance, Mahmud Jamal, Jason MacLaren, Steven Golick and Carly Fidler will be present at the hearing | Kids Help Phone |
| 2012-05-01 | Notice of appearance, Marko Vesely and M. Toby Kruger will be present at hearing | British Columbia Civil Liberties Association |
| 2012-05-01 | Intervener's book of authorities, Completed on: 2012-05-01 | Beyond Borders |
| 2012-05-01 | Amicus curiae's book of authorities, Completed on: 2012-05-01 | Daniel W. Burnett |
| 2012-05-01 | Amicus curiae's factum, Service to come (rec'd May 2/12), Completed on: 2012-05-02 | Daniel W. Burnett |
| 2012-04-30 |
Order by, Ro, FURTHER TO THE ORDER dated April 3, 2012, granting leave to intervene to the British Columbia Civil Liberties Association, the Kids Help Phone, the Canadian Civil Liberties Association, the Privacy Commissioner of Canada, the Newspaper Canada, Ad IDEM/Canadian Media Lawyers Association, Canadian Association of Journalists, Professional Writers Association of Canada and Book and Periodical Council, the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic, the Canadian Unicef Committee, the Information and Privacy Commissioner of Ontario, Beyond Borders and BullyingCanada Inc. in the above appeal; IT IS HEREBY FURTHER ORDERED THAT only the following six groups of interveners, the British Columbia Civil Liberties Association, the Kids Help Phone, the Canadian Civil Liberties Association, the Privacy Commissioner of Canada, the Newspaper Canada, Ad IDEM/Canadian Media Lawyers Association, Canadian Association of Journalists, Professional Writers Association of Canada and Book and Periodical Council and the Canadian Unicef Committee, are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of this appeal Allowed in part |
|
| 2012-04-27 | Notice of appearance, Joseph E. Magnet and Patricia Kosseim will be present at the hearing | Privacy Commissioner of Canada |
| 2012-04-27 | Notice of appearance, Jeffrey S. Leon, Ranjan K. Agarwal and Daniel Holden will be present at hearing | Canadian Unicef Committee |
| 2012-04-27 | Intervener's factum, CD to come (rec'd May 1/12), Completed on: 2012-05-01 | Beyond Borders |
| 2012-04-27 | Intervener's book of authorities, Completed on: 2012-05-15 | BullyingCanada Inc. |
| 2012-04-27 | Intervener's factum, Completed on: 2012-04-27 | BullyingCanada Inc. |
| 2012-04-27 | Intervener's book of authorities, Completed on: 2012-04-27 | Information and Privacy Commissioner of Ontario |
| 2012-04-27 | Intervener's book of authorities, (2 volumes), Completed on: 2012-04-27 | Privacy Commissioner of Canada |
| 2012-04-27 | Intervener's factum, Completed on: 2012-04-27 | Information and Privacy Commissioner of Ontario |
| 2012-04-27 | Intervener's factum, CD to come (rec'd April 30/12), Completed on: 2012-05-01 | Privacy Commissioner of Canada |
| 2012-04-27 | Intervener's book of authorities, Completed on: 2012-04-27 | Canadian Unicef Committee |
| 2012-04-27 | Intervener's factum, Completed on: 2012-04-27 | Canadian Unicef Committee |
| 2012-04-27 | Intervener's book of authorities, Completed on: 2012-04-27 | Kids Help Phone |
| 2012-04-27 | Intervener's factum, Completed on: 2012-04-27 | Kids Help Phone |
| 2012-04-27 | Intervener's book of authorities, Completed on: 2012-04-27 | Canadian Civil Liberties Association |
| 2012-04-27 | Intervener's factum, Completed on: 2012-04-27 | Canadian Civil Liberties Association |
| 2012-04-27 | Intervener's book of authorities, Completed on: 2012-04-30 | Newspaper Canada, Ad IDEM/Canadian Media Lawyers Association, Canadian Association of Journalists,, Professional Writers Association of Canada and Book and Periodical Council |
| 2012-04-27 | Intervener's factum, Service to come (rec'd April 30/12), Completed on: 2012-04-30 | Newspaper Canada, Ad IDEM/Canadian Media Lawyers Association, Canadian Association of Journalists,, Professional Writers Association of Canada and Book and Periodical Council |
| 2012-04-27 | Intervener's book of authorities, Completed on: 2012-04-27 | British Columbia Civil Liberties Association |
| 2012-04-27 | Intervener's factum, Completed on: 2012-04-27 | British Columbia Civil Liberties Association |
| 2012-04-23 | Notice of appearance, Michelle Awad, QC and Jane O'Neill will be present at hearing | A.B. by her Litigation Guardian, C.D. |
| 2012-04-20 | Appeal perfected for hearing | |
| 2012-04-19 | Notice of appearance, Brian Murphy and Wanda Severns will be present at the hearing. | BullyingCanada Inc. |
| 2012-04-03 |
Order by, Abe, IT IS HEREBY ORDERED THAT: Given that the Respondents have advised the Court that they will not be participating in this appeal, Daniel W. Burnett is accordingly appointed as amicus curiae to assist the Court by filing a factum of no more than 40 pages and a book of authorities on or before May 1, 2012, and by presenting oral argument not exceeding 60 minutes at the hearing of the appeal Granted |
|
| 2012-04-03 | Order on motion for leave to intervene, (BY ABELLA J.) | |
| 2012-04-03 |
Decision on the motion for leave to intervene, Abe, UPON APPLICATIONS by the British Columbia Civil Liberties Association, the Kids Help Phone, the Canadian Civil Liberties Association, the Privacy Commissioner of Canada, the Newspaper Canada, Ad IDEM/Canadian Media Lawyers Association, Canadian Association of Journalists, Professional Writers Association of Canada and Book and Periodical Council, the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic, the Canadian Unicef Committee, the Information and Privacy Commissioner of Ontario, Beyond Borders and BullyingCanada Inc. for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene by the British Columbia Civil Liberties Association, the Kids Help Phone, the Canadian Civil Liberties Association, the Privacy Commissioner of Canada, the Newspaper Canada, Ad IDEM/Canadian Media Lawyers Association, Canadian Association of Journalists,, Professional Writers Association of Canada and Book and Periodical Council, the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic, the Canadian Unicef Committee, the Information and Privacy Commissioner of Ontario, Beyond Borders and BullyingCanada Inc. are granted and the said ten groups of interveners shall each be entitled to serve and file a factum not to exceed 10 pages in length on or before April 27, 2012. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondents by their interventions Granted |
|
| 2012-04-03 | Submission of motion for leave to intervene, Abe | |
| 2012-04-02 | Correspondence received from, Michelle C. Awad dated April 2/12 and rec'd by fax, re.: appellant will not seek costs against Bragg (sent to juges April 3/12) | A.B. by her Litigation Guardian, C.D. |
| 2012-03-26 | Response to the motion for leave to intervene, (Letter Form), (of Beyond Borders) from Michelle C. Awad, dated March 23/12, by fax,, Completed on: 2012-03-26 | A.B. by her Litigation Guardian, C.D. |
| 2012-03-23 | Reply to the motion for leave to intervene, (Letter Form), from Iris Fischer, dated March 23/12, by fax, Re: response to letter of appellant dated March 19/12, Completed on: 2012-03-23 | Canadian Civil Liberties Association |
| 2012-03-23 | Motion for leave to intervene, (Motion for extension of time filed but not necessary) service to come, Incomplete | Beyond Borders |
| 2012-03-23 | Reply to the motion for leave to intervene, (Letter Form), from Chris W. Sanderson, dated March 23, 2012, by fax, Completed on: 2012-03-23 | British Columbia Civil Liberties Association |
| 2012-03-22 | Motion for leave to intervene, (bookform), Completed on: 2012-03-22 | Information and Privacy Commissioner of Ontario |
| 2012-03-19 | Response to the motion for leave to intervene, (Letter Form), (joint response for all motions), Completed on: 2012-03-19 | A.B. by her Litigation Guardian, C.D. |
| 2012-03-16 | Correspondence received from, Colleen Bauman, dated March 15/12, by fax, Re: consent from the appellant to the extension of time | Information and Privacy Commissioner of Ontario |
| 2012-03-16 | Motion for leave to intervene, (bookform), Completed on: 2012-03-16 | Canadian Unicef Committee |
| 2012-03-12 | Discontinuance of motion to extend time, (entered for administrative purpose) | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
| 2012-03-12 | Motion to extend time, to serve and file the motion for leave to intervene (NOT NECESSARY), Completed on: 2012-03-12 | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
| 2012-03-12 | Motion for leave to intervene, (bookform), Completed on: 2012-03-12 | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
| 2012-03-09 | Motion for leave to intervene, (bookform), Completed on: 2012-03-09 | Newspaper Canada, Ad IDEM/Canadian Media Lawyers Association, Canadian Association of Journalists,, Professional Writers Association of Canada and Book and Periodical Council |
| 2012-03-09 | Motion for leave to intervene, (bookform), Completed on: 2012-03-09 | Privacy Commissioner of Canada |
| 2012-03-09 | Motion for leave to intervene, (bookform), Completed on: 2012-03-09 | Kids Help Phone |
| 2012-03-09 | Notice of hearing sent to parties | |
| 2012-03-09 |
Appeal hearing scheduled, 2012-05-10 Judgment reserved |
|
| 2012-03-08 | Supplemental document, (Book of Authorities), Completed on: 2012-03-08 | Canadian Civil Liberties Association |
| 2012-03-08 | Motion for leave to intervene, (bookform), Completed on: 2012-03-08 | Canadian Civil Liberties Association |
| 2012-03-02 | Motion for leave to intervene, (bookform), Completed on: 2012-03-02 | British Columbia Civil Liberties Association |
| 2012-02-27 | Correspondence received from, Michelle Awad dated February 27, 2012. Re: Still seeking costs against The Halifax Herald | A.B. by her Litigation Guardian, C.D. |
| 2012-02-24 | Correspondence received from, Patricia J. Wilson, dated Feb.24/12, Re: publication ban | A.B. by her Litigation Guardian, C.D. |
| 2012-02-24 | Appellant's record, Completed on: 2012-02-24 | A.B. by her Litigation Guardian, C.D. |
| 2012-02-24 | Appellant's book of authorities, (CD and Form rec'd Mar. 2/12), Completed on: 2012-03-08 | A.B. by her Litigation Guardian, C.D. |
| 2012-02-24 | Appellant's factum, (CD and Form rec'd Mar. 2/12), Completed on: 2012-03-08 | A.B. by her Litigation Guardian, C.D. |
| 2012-02-21 | Correspondence received from, Nancy Rubin dated February 21, 2012. Re: Will not be participating in the appeal | Halifax Herald Limited, a body corporate |
| 2012-02-07 | Correspondence (sent by the Court) to, All parties. Re: Removal of Global Television from style of cause | |
| 2012-02-07 | Correspondence received from, Kimberley Hayes dated February 7, 2012. Re: Will not be participating in the appeal | Bragg Communications Incorporated, a body corporate |
| 2012-02-06 | Correspondence received from, Alan Parish dated February 6, 2012. Re: Confirmation that Global Television is not part of style of cause | Global Television |
| 2012-02-02 | Correspondence received from, Michelle Awad dated February 2, 2012. Re: Wants to remove the respondent, Global Television, from style of cause | A.B. by her Litigation Guardian, C.D. |
| 2012-02-02 | Correspondence received from, M.C. Awad by fax, re.: Potential interveners | A.B. by her Litigation Guardian, C.D. |
| 2012-01-31 | Correspondence received from, Alan Parish dated January 31, 2012. Re: Respondent would like to be removed from style of cause | Global Television |
| 2012-01-23 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2011-11-23 | Response to the motion for leave to intervene, (Letter Form), from Nancy G. Rubin dated Nov. 23/11 re intervention is premature, Completed on: 2011-11-23 | Halifax Herald Limited, a body corporate |
| 2011-11-23 | Response to the motion for leave to intervene, (Letter Form), from Michelle C. Awad & Jane O'Neil dated Nov. 23/11, Completed on: 2011-11-23 | A.B. by her Litigation Guardian, C.D. |
| 2011-11-14 | Motion for leave to intervene, Completed on: 2011-11-21 | BullyingCanada Inc. |
| 2011-11-14 | Notice of appeal, Completed on: 2011-11-14 | A.B. by her Litigation Guardian, C.D. |
| 2011-10-14 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-10-14 | Judgment on leave sent to the parties | |
| 2011-10-13 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Nova Scotia Court of Appeal, Number CA330605, 2011 NSCA 26, dated March 4, 2011, is granted with costs in the cause. The order of Fish J. dated May 25, 2011, shall be continued. Granted, with costs in the cause |
|
| 2011-06-20 | All materials on application for leave submitted to the Judges, LeB F Cro | |
| 2011-06-13 | Applicant's reply to respondent's argument, (SEALED) (6 redacted copies filed) 2 services missing (rec'd June 15/11), Completed on: 2011-06-20 | A.B. by her Litigation Guardian, C.D. |
| 2011-06-02 | Respondent's response on the application for leave to appeal, (SEALED) 1 redacted public copy filed, Completed on: 2011-06-02 | Halifax Herald Limited, a body corporate |
| 2011-05-25 | Order on miscellaneous motion, (BY FISH J.) | |
| 2011-05-25 |
Decision on the miscellaneous motion, F, UPON APPLICATION for an order: 1) Allowing the applicant and her Litigation Guardian to bring an application for leave to appeal by using pseudonyms; 2) Prohibiting publication of the words used in the Facebook profile that is the subject of the application for leave until final disposition of this matter by this Court. AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted Granted |
|
| 2011-05-25 | Submission of miscellaneous motion, F | |
| 2011-05-24 | Reply to miscellaneous motion, (Letter Form), from Jane O'Neill, dated May 24/11 (by fax), Completed on: 2011-05-24 | A.B. by her Litigation Guardian, C.D. |
| 2011-05-16 | Response to miscellaneous motion, (bookform), Completed on: 2011-05-16 | Halifax Herald Limited, a body corporate |
| 2011-05-16 | Response to miscellaneous motion, (Letter Form), from Alan V. Parish, Q.C., dated May 16/11, by fax, Completed on: 2011-05-16 | Global Television |
| 2011-05-16 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2011-05-11 | Correspondence received from, Nancy G. Rubin, dated May 10/11, by fax, Re: intent to file a response to motion | Halifax Herald Limited, a body corporate |
| 2011-05-10 | Response to miscellaneous motion, (Letter Form), (Takes no position), Completed on: 2011-05-10 | Bragg Communications Incorporated, a body corporate |
| 2011-05-04 | Correspondence received from, (Letter Form), Ryan Conrod, dated May 4/11, by fax, Re: Decision and Order issued by Justice Beveridge of Nova Scotia Court of Appeal | A.B. by her Litigation Guardian, C.D. |
| 2011-05-03 | Notice of miscellaneous motion, allowing the applicant and her Litigation Guardian to bring a leave to appeal by using pseudonyms and prohibiting publication of the words used in the Facebook profile that is the subject of the application for leave until final disposition of this matter, Completed on: 2011-05-03 | A.B. by her Litigation Guardian, C.D. |
| 2011-05-03 | Book of authorities | A.B. by her Litigation Guardian, C.D. |
| 2011-05-03 | Application for leave to appeal, Completed on: 2011-05-03 | A.B. by her Litigation Guardian, C.D. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| A.B. by her Litigation Guardian, C.D. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Bragg Communications Incorporated, a body corporate | Respondent | Active |
| Halifax Herald Limited, a body corporate | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Burnett, Daniel W. | Amicus curiae | Active |
| BullyingCanada Inc. | Intervener | Active |
| British Columbia Civil Liberties Association | Intervener | Active |
| Kids Help Phone | Intervener | Active |
| Canadian Civil Liberties Association | Intervener | Active |
| Privacy Commissioner of Canada | Intervener | Active |
| Newspaper Canada, Ad IDEM/Canadian Media Lawyers Association, Canadian Association of Journalists,, Professional Writers Association of Canada and Book and Periodical Council | Intervener | Active |
| Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic | Intervener | Active |
| Canadian Unicef Committee | Intervener | Active |
| Information and Privacy Commissioner of Ontario | Intervener | Active |
| Beyond Borders | Intervener | Active |
Counsel
Party: A.B. by her Litigation Guardian, C.D.
Counsel
Michelle Awad
Jane O'Neill
Jane O'Neill
McInnes Cooper
1969 Upper Water Street, Suite 1300
Purdy's Wharf Tower II
Halifax, Nova Scotia
B3J 2V1
Telephone: (902) 444-8509
FAX: (902) 425-6350
1969 Upper Water Street, Suite 1300
Purdy's Wharf Tower II
Halifax, Nova Scotia
B3J 2V1
Telephone: (902) 444-8509
FAX: (902) 425-6350
Agent
Patricia J. Wilson
Osler, Hoskin & Harcourt LLP
340 Albert Street
Suite 1900
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
340 Albert Street
Suite 1900
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
Party: Bragg Communications Incorporated, a body corporate
Counsel
Kimberley Hayes
P.O. Box 8660, Station A
6080 Young Street, Suite 801
Halifax, Nova Scotia
B3K 5M3
Telephone: (902) 446-1455
FAX: (902) 406-3140
6080 Young Street, Suite 801
Halifax, Nova Scotia
B3K 5M3
Telephone: (902) 446-1455
FAX: (902) 406-3140
Party: Halifax Herald Limited, a body corporate
Counsel
Nancy G. Rubin
Maggie A. Stewart
Maggie A. Stewart
Stewart McKelvey
900 - 1959 Uper Water Street
P.O. Box 997
Halifax, Nova Scotia
B3J 2X2
Telephone: (902) 420-3337
FAX: (902) 420-1417
Email: nrubin@stewartmckelvey.com
900 - 1959 Uper Water Street
P.O. Box 997
Halifax, Nova Scotia
B3J 2X2
Telephone: (902) 420-3337
FAX: (902) 420-1417
Email: nrubin@stewartmckelvey.com
Agent
Jeffrey W. Beedell
McMillan LLP
50 O'Connor Street
Suite 300
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171 Ext: 122
FAX: (613) 231-3191
Email: jeff.beedell@mcmillan.ca
50 O'Connor Street
Suite 300
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171 Ext: 122
FAX: (613) 231-3191
Email: jeff.beedell@mcmillan.ca
Party: BullyingCanada Inc.
Counsel
Brian F. P. Murphy
Wanda M. Severns
Wanda M. Severns
Murphy Group
128 Highfield Street
Moncton, New Brunswick
E1C 5N7
Telephone: (506) 877-0077 Ext: 701
FAX: (506) 877-0079
Email: brian@murphygroup.ca
128 Highfield Street
Moncton, New Brunswick
E1C 5N7
Telephone: (506) 877-0077 Ext: 701
FAX: (506) 877-0079
Email: brian@murphygroup.ca
Agent
Colin S. Baxter
Cavanagh Williams Conway Baxter LLP
1111 Prince of Wales Drive
Suite 401
Ottawa, Ontario
K2C 3T2
Telephone: (613) 569-8558
FAX: (613) 569-8668
Email: cbaxter@cwcb-law.com
1111 Prince of Wales Drive
Suite 401
Ottawa, Ontario
K2C 3T2
Telephone: (613) 569-8558
FAX: (613) 569-8668
Email: cbaxter@cwcb-law.com
Party: British Columbia Civil Liberties Association
Counsel
Chris W. Sanderson, Q.C.
Marko Vesely
M. Toby Kruger
Marko Vesely
M. Toby Kruger
Lawson Lundell LLP
1600 - 925 West Georgia Street
Vancouver, British Columbia
V6C 3L2
Telephone: (604) 685-3456
FAX: (604) 669-1620
Email: csanderson@lawsonlundell.com
1600 - 925 West Georgia Street
Vancouver, British Columbia
V6C 3L2
Telephone: (604) 685-3456
FAX: (604) 669-1620
Email: csanderson@lawsonlundell.com
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1100
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: neffendi@blg.com
World Exchange Plaza
100 Queen Street, suite 1100
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Kids Help Phone
Counsel
Mahmud Jamal
Jason MacLean
Carly Fidler
Jason MacLean
Carly Fidler
Osler, Hoskin & Harcourt LLP
Box 50, 1 First Canadian Place
Toronto, Ontario
M5X 1B8
Telephone: (416) 862-6764
FAX: (416) 862-6666
Email: mjamal@osler.com
Box 50, 1 First Canadian Place
Toronto, Ontario
M5X 1B8
Telephone: (416) 862-6764
FAX: (416) 862-6666
Email: mjamal@osler.com
Agent
Patricia J. Wilson
Osler, Hoskin & Harcourt LLP
340 Albert Street
Suite 1900
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
340 Albert Street
Suite 1900
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
Party: Canadian Civil Liberties Association
Counsel
Iris Fischer
Blake, Cassels & Graydon LLP
199 Bay Street, Suite 4000
Commerce Court West
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-2408
FAX: (416) 863-2653
Email: iris.fischer@blakes.com
199 Bay Street, Suite 4000
Commerce Court West
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-2408
FAX: (416) 863-2653
Email: iris.fischer@blakes.com
Agent
Nancy K. Brooks
Blake, Cassels & Graydon LLP
45 O'Connor St.
20th Floor
Ottawa, Ontario
K1P 1A4
Telephone: (613) 788-2200
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com
45 O'Connor St.
20th Floor
Ottawa, Ontario
K1P 1A4
Telephone: (613) 788-2200
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com
Party: Privacy Commissioner of Canada
Counsel
Megan Brady
Joseph E. Magnet
Joseph E. Magnet
Office of the Privacy Commissioner of Canada
Place de Ville, Tower B
112 Kent Street, 3rd Floor
Ottawa, Ontario
K1A 1H3
Telephone: (613) 992-3068
FAX: (613) 947-4192
Email: megan.brady@priv.gc.ca
Place de Ville, Tower B
112 Kent Street, 3rd Floor
Ottawa, Ontario
K1A 1H3
Telephone: (613) 992-3068
FAX: (613) 947-4192
Email: megan.brady@priv.gc.ca
Party: Newspaper Canada, Ad IDEM/Canadian Media Lawyers Association, Canadian Association of Journalists,, Professional Writers Association of Canada and Book and Periodical Council
Counsel
Ryder Gilliland
Daniel W. Burnett
Daniel W. Burnett
Blake, Cassels & Graydon LLP
Commerce Court West
2800 - 199 Bay St.
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-5849
FAX: (416) 863-2653
Email: ryder.gilliland@blakes.com
Commerce Court West
2800 - 199 Bay St.
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-5849
FAX: (416) 863-2653
Email: ryder.gilliland@blakes.com
Agent
Nancy K. Brooks
Blake, Cassels & Graydon LLP
45 O'Connor St.
20th Floor
Ottawa, Ontario
K1P 1A4
Telephone: (613) 788-2200
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com
45 O'Connor St.
20th Floor
Ottawa, Ontario
K1P 1A4
Telephone: (613) 788-2200
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com
Party: Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
Counsel
Tamir Israel
University of Ottawa
Faculty of Law
57 Louis Pasteur Street
Ottawa, Ontario
K1N 6N5
Telephone: (613) 562-5800 Ext: 2914
FAX: (613) 562-5417
Email: tisrael@cippic.ca
Faculty of Law
57 Louis Pasteur Street
Ottawa, Ontario
K1N 6N5
Telephone: (613) 562-5800 Ext: 2914
FAX: (613) 562-5417
Email: tisrael@cippic.ca
Party: Canadian Unicef Committee
Counsel
Jeffrey S. Leon
Bennett Jones LLP
3400 One First Canadian Place
P.O. Box 130
Toronto, Ontario
M5X 1A4
Telephone: (416) 777-5480
FAX: (416) 863-1716
Email: leonj@bennettjones.com
3400 One First Canadian Place
P.O. Box 130
Toronto, Ontario
M5X 1A4
Telephone: (416) 777-5480
FAX: (416) 863-1716
Email: leonj@bennettjones.com
Agent
Ranjan K. Agarwal
Bennett Jones LLP
World Exchange Plaza
1900 - 45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 683-2300
FAX: (613) 683-2323
Email: agarwalr@bennettjones.com
World Exchange Plaza
1900 - 45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 683-2300
FAX: (613) 683-2323
Email: agarwalr@bennettjones.com
Party: Information and Privacy Commissioner of Ontario
Counsel
William S. Challis
Stephen McCammon
Stephen McCammon
Information and Privacy Commissioner/Ontario
2 Bloor Street East
Suite 1400
Toronto, Ontario
M4W 1A8
Telephone: (437) 770-8564
FAX: (416) 325-9186
Email: bill.challis@ipc.on.ca
2 Bloor Street East
Suite 1400
Toronto, Ontario
M4W 1A8
Telephone: (437) 770-8564
FAX: (416) 325-9186
Email: bill.challis@ipc.on.ca
Agent
Colleen Bauman
Sack Goldblatt Mitchell LLP
500 - 30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: cbauman@sgmlaw.com
500 - 30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: cbauman@sgmlaw.com
Party: Beyond Borders
Counsel
Jonathan M. Rosenthal
Frank D. Crewe
Frank D. Crewe
500 - 70 Bond Street
Toronto, Ontario
M5B 1X3
Telephone: (416) 360-7768
FAX: (416) 863-4896
Email: jrosenthal@bondlaw.net
Toronto, Ontario
M5B 1X3
Telephone: (416) 360-7768
FAX: (416) 863-4896
Email: jrosenthal@bondlaw.net
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Burnett, Daniel W.
Counsel
Daniel Burnett
Owen Bird Law Corporation
2900 - 595 Burrard Street
Vancouver, British Columbia
V7X 1J5
Telephone: (604) 691-7506
FAX: (604) 632-4433
Email: dburnett@owenbird.com
2900 - 595 Burrard Street
Vancouver, British Columbia
V7X 1J5
Telephone: (604) 691-7506
FAX: (604) 632-4433
Email: dburnett@owenbird.com
Agent
Nancy K. Brooks
Blake, Cassels & Graydon LLP
45 O'Connor St.
20th Floor
Ottawa, Ontario
K1P 1A4
Telephone: (613) 788-2200
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com
45 O'Connor St.
20th Floor
Ottawa, Ontario
K1P 1A4
Telephone: (613) 788-2200
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Civil procedure — Confidentiality orders — Defamation — Applicant applying for order requiring disclosure of identity of persons who used particular IP address to create fake profile on Facebook — Applicant also applying for permission to proceed by way of initials and for order prohibiting publication of allegedly defamatory statements in profile — Whether court should take notice of inherent vulnerability of young girls subject to on-line sexualized bullying and serious risk of harm to them if they are required to republish comments and reveal their identity to seek a remedy — Whether court can invoke its parens patriae jurisdiction to protect child — Whether media that choose to intervene in a motion for a publication ban should be entitled to costs if the motion is not successful.
The applicant became aware of a fake profile on the social networking website Facebook, which included a photograph of the applicant, a slightly modified version of her name, and other particulars which identified her. The fake profile also discussed the applicant’s physical appearance, her weight, and allegedly included scandalous sexual commentary of a private and intimate nature. The applicant, by her litigation guardian, applied in chambers for an order requiring the respondent Bragg Communications to disclose the identity of the persons who used a particular IP address to perpetrate the alleged defamation. As additional relief, the applicant sought an order which would allow her to proceed by pseudonym (initials), and as well, a partial publication ban to prevent the public from knowing the words contained in the fake Facebook profile. LeBlanc J. granted the disclosure order but refused the additional relief sought. The Court of Appeal upheld that decision.
Lower court rulings
June 4, 2010
Supreme Court of Nova Scotia, Trial Division
329542, 2010 NSSC 215
Supreme Court of Nova Scotia, Trial Division
329542, 2010 NSSC 215
Motion for permission for applicant and her litigation guardian to proceed by way of initials and for an order prohibiting publication of allegedly defamatory statements denied
June 25, 2010
Nova Scotia Court of Appeal
CA330605, 2010 NSCA 57
Nova Scotia Court of Appeal
CA330605, 2010 NSCA 57
Order granted permitting applicant and her litigation guardian to proceed by way of initials for purposes of appeal and imposing publication ban pending any further order of the court
September 28, 2010
Supreme Court of Nova Scotia, Trial Division
2010 NSSC 356
Supreme Court of Nova Scotia, Trial Division
2010 NSSC 356
Costs awarded to The Halifax Herald Limited and Global Television
March 4, 2011
Nova Scotia Court of Appeal
CA330605, 2011 NSCA 26
Nova Scotia Court of Appeal
CA330605, 2011 NSCA 26
Appeal of LeBlanc J.’s decision dismissed
Memorandums of argument on application for leave to appeal
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Date modified: 2025-02-27