Nature of the Motion:
- The applicants, Brandon Taylor, Sarah Taylor, and JAAX Inc., sought a Norwich order for the disclosure of an unredacted complaint sent to Metrolinx by an anonymous complainant. The complaint alleges criminal activities by the Taylors, including fraud and embezzlement. The applicants intend to sue the complainant for defamation and other tortious claims.
Key Facts:
- Brandon Taylor was employed by Dufferin Construction and worked for its subsidiary, Mosaic Transit Contractors (MTC), on a project for Metrolinx.
- A complaint alleging fraud and other crimes was sent anonymously to Metrolinx, leading to Taylor's suspension and eventual termination.
- The applicants argue the complaint caused significant personal and financial harm, including loss of business for JAAX Inc., owned by Brandon Taylor.
Legal Issues:
- Norwich order requirements: The court considered whether the applicants met the criteria, particularly if there was a bona fide claim and whether public interest in disclosure outweighed the complainant’s privacy rights.
Court's Analysis:
- Bona fide claim: The court found sufficient evidence for claims of defamation, intentional infliction of mental distress, and interference with economic relations.
- Public interest: The court ruled that the public interest in disclosure and accessing justice outweighed any confidentiality rights claimed by the respondent.
Decision:
- The application for a Norwich order was granted, requiring Metrolinx to disclose the identity of the complainant. No monetary award specified.
Note: If parties cannot agree on costs, submissions are to be filed by specific dates.