Appeal Materials Delivered via Facebook
Parties who lived in remote areas of Nunavut best served by practical step
In JD1H1 et al v. Budden, the underlying action involved a group of plaintiffs suing a law firm which had represented them in a previous sexual abuse case, alleging negligence in distribution of the settlement. That law firm had third-partied the firm representing the plaintiffs in the current action, and the latter firm had moved to have the third party notice struck. In preparation for the appeal of the latter motion, there was some concern about how materials were to be distributed to the parties; the plaintiffs all lived in remote northern communities, some were illiterate and for many “internet access is problematic.” The chambers judge of the Court of Appeal ruled that service of paper copies on all of the plaintiffs would be excessive and disproportionate. Instead, the appellants were directed to send the plaintiffs a brief letter (or email where needed) as notification of the appeal, and then the materials could be posted “on a suitable private electronic platform, such as Facebook,” and continue to post material there as it was filed. This would allow for continued anonymity of the plaintiffs, since they were only identified by pseudonyms in the materials.