Court File and Parties
CITATION: Henry v. Bell Mobility, 2017 ONSC 6070
OTTAWA COURT FILE NO.: 17-73661
DATE: 2017/10/11
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Maureen Henry v. Bell Mobility, Google Canada, Facebook and Apple Canada
BEFORE: Mr. Justice Martin S. James
COUNSEL: Maureen Henry, in Person
No one appearing for the other Parties
HEARD at Ottawa: October 10, 2017
Endorsement
[1] The Applicant is the mother of Dovi Henry, now deceased but whose actual date of death is unclear. His mother located his remains in a morgue in July 2014. He was about 23 years old. His body was discovered in Lake Ontario near Ontario Place, but the cause of death was unknown.
[2] The police did not know his identity until the Applicant became aware of an unidentified body in the Toronto morgue and subsequently established that the person in question was her son.
[3] The Applicant knows nothing about the events leading up to his death, who he was in contact with and what he was doing at the time of his death. She seeks answers to these and other questions by attempting to access Dovi’s social media records and accounts as well as his phone records.
[4] The requirements for disclosure varies between service providers and social media platforms.
[5] These entities are rightly concerned that they have a responsibility to protect personal information even when the customer is dead. In the circumstances here, however, I think the Applicant has demonstrated a reasonable basis for requesting access to the records.
[6] The Applicant shall be designated as, and be deemed to be, the personal representative of Dovi Henry for the purpose of obtaining the requested information.
[7] This court orders that with regard to Bell Mobility, notwithstanding the Personal Information Protection and Electronic Documents Act, S.C. 2000, c.5, Bell shall provide to Maureen Henry all incoming and outgoing call detail records, including SMS messages, for the telephone number 613-296-7069 for the period January 1- January 14, 2014.
[8] This court orders that with regard to Google Canada, Google Canada shall provide to the Applicant any email address(es) associated with Dovi Henry and, where possible, passwords or such other means of accessing the contents of such email accounts as may be available.
[9] This court orders that with regard for Facebook, Facebook is ordered to disclose all available accounts, documentation and information within its power, possession or control regarding Dovi Alexandre Francois Henry, date of birth, 5 May 1991 and, where possible, passwords or other such means of accessing the account.
[10] This court orders that with regard for Apple Canada, Apple Canada is ordered to release all accounts, documentation and information within its power, possession or control regarding Dovi Henry. Apple Canada shall be deemed to have lawful consent to release such information. Apple Canada is ordered to assist in the recovery of the decedent’s data from their accounts, which may contain third part personally identifiable information or data, from their accounts. The Applicant shall be deemed to be the agent of Dovi Henry for the purposes of this order.
Mr. Justice Martin S. James
Date: October 11, 2017
CITATION: Henry v. Bell Mobility, 2017 ONSC 6070
OTTAWA COURT FILE NO.: 17-73661
DATE: 2017/10/11
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: Maureen Henry, Applicant
AND
Bell Mobility, Google Canada, Facebook and Apple, Respondents
BEFORE: Mr. Justice Martin S. James
COUNSEL: Maureen Henry, in Person
No one appearing for the other Parties
ENDORSEMENT
JAMES J.
Released: October 11, 2017