Anonymous Defamatory E-Mails about Condo Board Members Results in Successful Lawsuit against E-mail Provider
A condominium corporation attained a court order requiring Yahoo! Inc. and Yahoo! Canada Inc. to help them identify the author of derogatory e-mails sent to unit owners and occupants.
The resignation of the condominium superintendent caused an unhappy unit owner to send an email to all occupants alleging that the board members ignored unacceptable behaviour done by the contractor towards the superintendent. The unit owner continued accusing the board members of receiving kickbacks from the contractor. The email was sent anonymously using the username “Ian Fleming” on Yahoo’s email client.
The Superior Court of Justice granted the condominium’s order based on these conditions:
When owners disagree with decisions or actions taken by the board, sending defamatory emails is not the way to deal with it.
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