The New Brunswick Court of Queen's Bench has made an order which may result in Yahoo! Canada Co. ("Yahoo!") and Aliant Telecom Inc. ("Aliant") being obliged to reveal the identity of a person in a case involving email disclosure of confidential information. An unknown person obtained confidential payroll information relating to a number of senior employees of Loblaws Companies Ltd. ("Loblaws"). That person allegedly sent an email containing the confidential information to 34 Loblaws employees.
Unable to identify the sender of the email, Loblaws traced the source to an account with Yahoo! and to an IP address with Aliant, and then moved for examination for discovery of the two respondents.
Applying a case in Nova Scotia not involving email, the Court found that the criteria for the order under its procedural Rules had been satisfied and granted the application for Loblaws to examine Yahoo! and Aliant prior to the commencement of the proposed proceedings.
For the decision, visit:
www.canlii.org/nb/cas/nbqb/2003/2003nbqb215.html
And for another report of the decision, see:
http://www.itbusiness.ca/index.asp?theaction=61&sid=52574
Summary by: Peter K. Wang
Concerned about your company's online liability? Contact Amy-Lynne Williams (awillimas@dww.com) at DWW.
E-TIPS® ISSUE
03 06 19
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