Brian Burke wants to serve anonymous commenters via private message

16 Comments

Back in April, we learned that Brian Burke was suing 18 anonymous internet commenters who wrote online that he had an affair with, and impregnated, a sports reporter.

It was an unusual lawsuit, given the following were named as defendants:

“NOFIXEDADDRESS”, “CAMBARKERFAN”, “LAVY16”, “MBSKIDMORE”, “TULOWD”, “LOOB”, “NAGGAH”, “MOWERMAN”, “AARONP18”, “STEVE”, “KABOOMIN8”,“THEZBRAD”, “SLOBBERFACE”, “POONERMAN”, “ISOLATEDCIRCUIT”, “KANADA KEV”, “NCOGNITO” AND “SIR PSYCHO SEXY”.

Not surprisingly, identifying the real names of the defendants has been a challenge.

So, today, we learn that the former Maple Leafs president and general manager will, per the Toronto Star, ask the British Columbia Supreme Court for permission to send seven of the above “private messages to their message board accounts, notifying them of his civil claim.”

MacLeans blogger Colby Cosh has handicapped Burke’s chances of serving the defendants this way:

One problem with the legal argument may be its slightly blasé assurance that “the correct people will be served” because the usernames are the same ones under which the alleged defamation was posted.

It seems unlikely that the master-in-chambers will rule quickly; he certainly ought to take time to scrutinize the proffered precedents, the logic of the motion, and the likely effects on cyberspace.

To read the motion, click here for the PDF.

Here are the seven users Burke hopes to serve via private message:

source:

Kinda feel like NoFixedAddress might be tough to track down.