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September 2010_june_july_2009.qxd 29/09/2010 10:59 PM Page 5 Big Brother Is Watching 5 BIG BROTHER IS lawsuit. ABOUT THE AUTHOR: My client was dumbfounded because, WATCHING as he explained, the postings were made Jordan Farkas is an Ontario litigation anonymously, so how could the company have lawyer who has appeared in virtually all levels discovered it was him? of court. His courtroom cases have been widely In doing a little research by contacting reported throughout Ontario as legal precedent. the forum where the postings were made, I In 2008, Mr. Farkas was managing the small discovered that even an anonymous post has claims department of a prestigious Toronto the user’s computer address logged, and litigation firm and recognized the need for therefore if another company summons’ affordable but quality legal advice for small (subpoenas) the information, the forum must claims court. As a result, Mr. Farkas founded provide the computer address which made the www.MrSmallClaimsCourt.ca, a website post. In fact, this is how my client was nabbed offering Mr. Farkas’ s experienced and savvy for making the alleged defamatory postings. consulting advice coupled with court representation from licensed paralegals, all for Social Media flat, affordable legal fees. Mr. Small Claims Court has captured the attention of media Almost everyone I know uses Facebook. throughout Ontario and Mr. Farkas’ expert Indeed, it is a fabulous tool for maintaining insights have been quoted by publications such friendships and networking. However, what as the Toronto 24 Hours, The Record, Bar-Ex people don’t realize is that one tiny little post and Law Times to name a few. In addition to on someone’s “wall” or group can have huge outside media, Jordan uniquely keeps his clients by ramifications. and followers updated on small claims Jordan Farkas I have noticed an alarming trend with happenings via his Twitter account my small claims court cases now. Many people (@MrSmallClaims) and Facebook group The skeptics like to say that in jest who feel they have been wronged by a (www.Facebook.com/MrSmallClaimsCourt). whereas the believers will swear to its truth. No company, go to their Facebook page and make Mr. Small Claims Court has numerous real matter which camp you belong to, when it nasty remarks. What could have been a testimonial letters published on the website, and comes to small claims court matters, you better straightforward small claims lawsuit for lousy Mr. Small Claims Court is proud that his believe in Big Brother. workmanship now becomes a case involving a ground-breaking service has struck a chord. You see, in the growing world of counter-claim by the company for defamation. Away from court, Jordan has given of his technology and social media, you must always On the flip side, I should mention that time to be a volunteer community mediator and be on guard as to what you’re emailing or there is at least one positive development of was an active participant of a local Meals on posting on the internet. Failure to do so can hurt social media with respect to litigation. That is, Wheels charity. your small claims court case. I will elaborate social media allows someone to locate his with a few examples. debtor more easily than in the past where the creditor had no address and had no way of Email locating a debtor to serve him with court papers. One of the easiest ways for an employer As technology grows, there is no doubt It is so terrifying to hear about missing to track an employee’s work conduct is by that Big Brother will continue to play a children. The emotional stress must be monitoring his email account. It’s very simple. significant role in small claims litigation. unbearable for the children, parents Upon accepting employment, the employee is Beware, for although the internet is and families. With a little bit of help assigned an email account with the employer, unbelievably large, Big Brother has ways of and then every email message sent or received making one realize that it’s actually a small maybe one more child can be found. by that employee can be viewed by the world after all. employer. www.childfind.ca I have represented several companies ©Jordan Farkas and Mr. Small Claims Court, defending small claims court wrongful 2010 all rights reserved. 1-800-387-7962 dismissal actions. Almost all my clients have forwarded me every damaging email the suing employee has ever sent or received. This is without me asking! What could possibly Mr. Small Claims Court constitute a “damaging email”? I had a case where an employee was using company emails to court another female employee Helping you succeed in the Ontario Small Claims Court during business hours. Needless to say, when this person got wind of the fact that the PFree Initial Consultation; company had these emails, he agreed to drop his PLearn the keys to success from this expert; case pretty quickly. PGet an in-depth review of your case and I receive numerous emails from people documents; wanting to sue their employers for wrongful PLearn how to properly prepare the court dismissal or asking what to do about their forms; employer’s bad treatment of them. It is amazing how many of these emails are coming from their PKnow how to present your case before the office email accounts which their employers can judge; and probably do read! PBe prepared for your entire case from start to finish; Online Forums PAffordable flat fees in stages. A client of mine was recently sued for defamation. He had allegedly made various www.MrSmallClaimsCourt.ca postings on internet forums about a certain company, and the company decided to file a