London doctors seek rare court order, want Google to name sender of defamatory emails
CBC
Three London doctors are taking Google Canada to court to unmask the creator of several anonymous accounts they say are being used to send defamatory, threatening emails alleging sexual assault and abuse.
Doctors Arsh Jain, Amit Garg, and Kristin Clemens have filed a notice of application in the Ontario Superior Court of Justice in London, aimed at forcing Google to produce the name, contact information and IP addresses associated with the email accounts, which began sending messages in September 2023 and continued through last month.
The notice of application says Google is "prevented from voluntarily disclosing the identity" of the account creator "due to privacy policies and legislation."
The group is seeking what's known as a Norwich order, typically used to force third parties to disclose evidence that could be used in further litigation, to compel the tech giant to turn over the information.
The emails, at least five so far, have been sent from at least four different Gmail accounts to the trio's colleagues, their workplaces, and to members of the media, according to the notice of application filed in court on Jan. 15.
CBC London received one such email on Jan. 14. Emails sent to the four Gmail accounts came back with error messages stating that they no longer exist.
Four of the emails contain unproven allegations about Jain and Garg, including that they abused their position to threaten, sexually assault and exploit a student, court documents show.
Jain is an assistant professor of nephrology at Western's University's Schulich School of Medicine and Dentistry, while Garg is associate dean of clinical research at Schulich. Both work as nephrologists at London Health Sciences Centre.
Another email centred around Kristin Clemens, site director of the Institute for Clinical Evaluative Sciences, or ICES, where Jain and Garg also work as scientists. The email said Clemens didn't deserve the role, and implied a connection to the allegations against Jain and Garg, the notice of application says.
That email, dated Sept. 22, 2023, was sent to individuals at McMaster University and the University of Toronto, to individuals at ICES and hospitals in London, Kingston, Ottawa, and Toronto, and to individuals at Schulich, where Clemens works as an assistant professor.
In the notice of application, the three say they have been defamed as a result of the emails, ridiculed in front of their peers, are uncomfortable going out in public, and fear for their safety.
"Further, the emails have caused irreparable harm to the Applicants' reputations and careers. This has caused extreme anxiety and distress for them and their families," the notice of application reads.
Through their lawyer, Andrew Graham, the doctors declined interview requests from CBC News.
"Our initial discussions with Google have been extremely positive. We are grateful for their assistance," Graham said by phone on Friday.
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