Warman v Fournier - Defamation Actions and the Balancing Act
Matthew Nied, writing at the Defamation Law Blog, provides a comprehensive analysis of the Ontario Divisional Court's decision in Warman v Fournier et al, 2010 ONSC 2126 [.pdf] in Warman v. Wilkins-Fournier: Balancing Disclosure, Privacy, and Freedom of Expression Interests in Internet Defamation Cases. As Nied notes,
Warman represents an important recognition that while internet users’ anonymity ought not to be protected absolutely, the mere commencement of a defamation action should not give rise to an automatic entitlement to information identifying a previously anonymous poster without a consideration of the interests of privacy and freedom of expression.
The factum of the Canadian Civil Liberties Association (intervenors in the case whose arguments were generally successful) is also available online.
