In the Jan. 13 decision, Theralase Technologies Inc. v. Lanter, 2020 ONSC 205, Justice Frederick Myers found that “judgment can issue against the defendant despite the fact that the plaintiffs and the court do not know the defendant’s name.”
“It's a circumstance in which the courts and the law of defamation is keeping pace with the times and technology,” says Erskine. “Because today, there are so many ways in which individuals can hide behind a pseudonym, and make an anonymous posting and make it very, very difficult for individuals to pursue them for the things that they are posting. So Justice Myers’ decision now demonstrates there can be consequences for anonymous posters. In the past, that wasn't the case.”
The case revolved around Stockhouse.com, a website with public and private messaging forums for traders and investors. The people accused of defaming Theralase did not use their real names to post on the forum; Rather, they sent messages using names such as PennyOilKing, BlueBomber6, BionicJoe, MacMan1519, NastyNasta, Need2Know68, TrueNorthStrong, TuesdayNightRid and CrazyTrader12.
The anonymous internet users accused the pharmaceutical company of operating “unlawfully and improperly,” and said the mangers were “untruthful and unprofessional,” and “incompetent managers who have committed criminal acts,” at one point using misogynistic slurs that were “particularly disgusting,” wrote Myers.
Stockhouse.com could only provide email addresses associated with the accounts, which Erskine and Bennett obtained through bringing an application to get the information. The lawyers informed the so-called trolls of the lawsuit through the forum and the email addresses, although some of the accounts went dark at various points in the proceedings.