This was an application for a Norwich order seeking disclosure of an unredacted complaint and the identity of its anonymous author from Metrolinx, a non-party.
The applicants, Brandon Taylor, Sarah Taylor, and JAAX Inc., intended to sue the complainant for defamation, intentional infliction of mental distress, and intentional interference with economic relations, alleging significant personal and business harm.
Metrolinx opposed disclosure, citing confidentiality and privacy policies, and the complainant's refusal to consent due to safety concerns.
The court applied the five-part Norwich test, finding that the applicants had a bona fide claim and that the public interest in disclosure outweighed privacy concerns, particularly because the communication did not originate in confidence and confidentiality was not essential to the relationship between an unsolicited complainant and a Crown corporation.
The application was granted, ordering Metrolinx to disclose the complainant's identity.