Quote:
Originally Posted by Southern_Canuck
Not sure if this was already posted, but this writer's opinion is that the Karlssons might have already secured a Norwich order, described below:
Legal Fallout From Disturbing Allegations of Cyberbullying Against Erik Karlsson and His Wife
excerpt:
"In order to get a peace bond, the complainant Curry needed to show on a balance of probabilities (i.e., more likely than not), that she had a reasonable basis upon which to fear that the defendant Caryk would cause her personal injury or harm."
also:
"Before the court issues its order, it needs to be persuaded that the order is justified. As well, Karlsson's lawyers would also want to ensure they had good evidence that Caryk is behind the online postings. If they don't, they risk exposing their client to a claim for defamation. It is possible, then, that the lawyers went ahead and secured what's called a Norwich order, which is a pre-action discovery mechanism that forces or compels a third party like Twitter and Facebook to preserve and provide evidence in its possession to a potential plaintiff."
If the writer is correct, the Karlssons may already have evidence that the perpetrator is Monika Caryk.
S_C |
According to the original story, the court hasn't issued an order yet. She has only made an application by filing a complaint. The writer makes this mistake in his story even though he says in another part that they are mere allegations. He also gets the timeline for a peace bond confused because apparently he missed the fact that the application hasn't been served, so the clock hasn't even started yet. He's also a little confused about Norwich orders, which you get in a civil action, not a criminal case. Frankly, some of his info is word for word from google searches.