They lost. Mark writes:
Yesterday we received the decision from the Ontario Superior Court denying us leave to appeal the Blishen decision in the John Does case. This means we will be forced to disclose confidential information to Richard Warman and are now on the hook for his expenses. It also means this area of law is still a mess in Canada despite our four year effort to have some common sense rules added to protect Canadians from litigating predators on the internet.The ironic part of this is, online anonymity has actually become stronger in Canada as a direct result of Mark and Connie's legal battles. It's sad news that this protection of online identities has not been applied in their case, and I would urge anyone with a few bucks to spare to send the Fourniers a few dollars for their legal expenses.
Connie adds more in an email sent out on Sunday:
As you may know, we made a motion for leave to appeal a Superior Court ruling requiring us to turn over private information on Free Dominion John Does. We had taken this to Divisional Court last year and they created a new test that was to be applied before courts ruled that private information must be turned over in defamation cases. The short story is that Madam Justice Bishen did not apply the fourth part of the test to our case and ruled for Warman without considering all of our evidence. We were denied our motion for leave to appeal her ruling, so is the end of the road. We must now turn over that information, and pay Richard Warman's costs...which he says are over $14,000.With this, Warman's new copyright suit against us, and John Baglow's defamation suit, we figure the strategy is to keep piling more on us until we break, then turn their sites on the next target.If anyone wants to read the judgment, it is here: http://www.freedominion.com.pa/images/ray_judgment.pdf
More on Mark and Connie's legal troubles here.
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