Case of the Day: In re Application of Ontario Principals’ Council

The case of the day is In re Application of Ontario Principals’ Council (E.D. Cal. 2013). This is another § 1782 case arising out of a Canadian defamation action that I covered late last year. As in the earlier case, the judge granted the application after conducting an Intel analysis but refused the applicant’s request for an order enjoining the target of the subpoena from notifying its customers of the subpoena’s existence.

The interesting aspect of the decision is the Court’s brief First Amendment discussion. In the context of deciding whether the application was consistent with public policy, the judge noted that the First Amendment does not shield defamatory speech. Fair enough. But it would have been nice to have a discussion of the relevant differences between US and Canadian defamation law, and a consideration of the implications, if any, of the SPEECH Act for the issue. The SPEECH Act doesn’t say so, but I suppose one could think that if a foreign defamation judgment would be unenforceable in the United States, then as a matter of public policy the United States should not provide judicial assistance in the prosecution of the action.

About Ted Folkman

Ted Folkman is a shareholder with Murphy & King, a Boston law firm, where he has a complex business litigation practice. He is the author of International Judicial Assistance (MCLE 2d ed. 2016), a nuts-and-bolts guide to international judicial assistance issues, and of the chapter on service of process in the ABA's forthcoming treatise on International Aspects of US Litigation, and he is the publisher of Letters Blogatory, the Web's first blog devoted to international judicial assistance, which the ABA recognized as one of the best 100 legal blogs in 2012, 2014, and 2015.

4 thoughts on “Case of the Day: In re Application of Ontario Principals’ Council

    1. You are going to be sued if you using material which infringes the privacy rights of Gordana Stefulic, Vivian Mavrou and Varla Abrams. I know many Professors and Deans in nearly every post secondary school in Ontario. If I find that you are using this court document to criticize the court ruling which protects the teachers, then you are liable for defamation of character. The Toronto District School Board would never infringe on First Amendment rights, and the Judge is correct. Slandering people is not protected by free speech.

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