The Plaintiff applied under Rule 5.13 for the production of third-party documents. This case involved allegations of defamation and harassment, with the Plaintiff suing an individual named Andrea Petzold and an unidentified party referred to as John Doe. The Court has already issued Judgment against Ms. Petzold, but the Plaintiff intended to continue the Action against the unnamed John Doe. Previously, the Plaintiff filed an Application before Applications Judge Farrington for disclosure from internet service providers and others that could help identify the John Doe mentioned in the Statement of Claim. Applications Judge Farrington approved an Order compelling the internet provider, Bluesky, PBLLC (“Bluesky”), to release certain direct messages. The Plaintiff received a favorable response from Bluesky and is now seeking the production of all direct messages from that account.

Applications Judge Farrington acknowledged that the request might appear extensive; however, if some of the materials are likely to be relevant and significant, the only option is to produce all of them unless a reliable screening process is in place. The Court referenced Rule 5.1 and cited CNOOC Petroleum North America ULC v 801 Seventh Inc, 2023 ABCA 97 to establish the appropriate criteria. The Plaintiff argued that the direct messages were relevant and met the requirements under Rule 5.13. Applications Judge Farrington determined that the threshold of Rule 5.13 was satisfied as there was evidence of social media communications indicating that the Bluesky handle played a role in the communications for which Judgment has been granted against Ms. Petzold. The records existed but could not be obtained from a party since the account holder had not yet been identified. The Court noted that while the specific role and identity of the Bluesky handle remained unclear, ordering production could provide clarity on these matters. The Application was granted, and Bluesky was instructed to produce the direct messages within 45 days of the Order.