“Additionally, some of the information provided by both parties, particularly Ms. Van Ittersum, was said to have been, or was clearly, obtained from the internet. The clearest statement that I was able to locate about the criteria that must be met before such information may be relied on by a court was that of Justice D.G. Price at paragraphs 87 and 88 of Sutton v. Sutton, [2017] O.J. No. 2648, where he wrote, citing the decision of Justice Tremblay-Lamer of the Trial Division of the Federal Court in ITV Technologies, Inc. v. WIC Television Ltd., [2003] F.C.J. No. 1335, 2003 FC 1056, aff’d. [2005] F.C.J. No. 438, 2005 FCA 96 (Fed. C.A.):
87 Justice Tremblay-Lamer held that internet information can be admissible if it is accompanied by indicia of reliability, including, but not limited to:
* whether the information comes from an official website from a well-known organization;
* whether the information is capable of being verified;
* whether the source is disclosed so that the objectivity of the person or organization posting the material can be assessed.
88 Justice Tremblay-Lamer held that where the threshold of “admissibility” is met, it is still up to the trier of fact to weigh and assess the information to determine what significance, if any, it has on the issues to be decided. The court concluded, at para. 27, that the evidence in that case did not meet the threshold of admissibility and that it should be struck:
Accordingly, I find that affidavit evidence, “on information and belief”, including information taken from the internet, is potentially admissible in interlocutory applications,…and may be admitted “under special circumstances” where the “grounds for such information and belief” are adequately disclosed and the information is reliable. Here, the subjective basis for the reliability of the information has not been disclosed and, furthermore, there is no objective basis to believe that the various postings have any degree of reliability.”