In the midst of a heated Federal Court of Appeal case involving Blacklock’s Reporter, lawyers representing opposing interests abruptly deleted social media posts related to the case. The Law Society of Ontario has long advised legal professionals to steer clear of making "petty" or "intemperate" comments online.James Plotkin, a counsel for a pro-government intervenor against Blacklock’s, took down a LinkedIn post in which he remarked: “‘Riddled with mistakes’ is a risky stone to throw from a glass house ;).” Plotkin is a partner at Gowling WLG in Ottawa, a firm that received $723,824 in federal contracts last year.Similarly, Alexander Gay, senior counsel for the Department of Justice, deleted his own LinkedIn post that stated: “Nothing like an appeal to sort it all out. Happy to meet any daring soul in a courtroom.”The deleted posts came shortly after Blacklock’s filed an appeal on Friday against a May 31 lower court ruling. The ruling allowed federal managers to share passwords to paywalled content without payment or permission, a decision Blacklock’s is now challenging.The Law Society of Ontario’s guidelines, titled Public Appearances And Statements, emphasize that lawyers should avoid making snide remarks on social media. “Licensees should avoid any criticism that is petty, intemperate or without merit,” the guidelines state, adding that lawyers must consider how their public statements might be perceived, given their influential positions.The case revolves around Parks Canada manager Genevieve Patenaude, who was caught sharing her Blacklock’s Reporter password with at least nine coworkers. Alexander Gay, the senior federal lawyer in the case, went so far as to label Blacklock’s a “copyright troll” following the initial ruling — a charge that was dismissed by Federal Court Justice Yvan Roy.“The Attorney General forcefully suggested Blacklock’s modus operandi is akin to copyright trolling, which is described as copyright holders using the threat of litigation to generate revenue,” wrote Roy. However, the judge rejected this claim, stating, “I continue to disregard such assertions.”Hugh Stephens, a former assistant deputy trade minister, commented that the Department of Justice’s accusations were part of a broader strategy to discredit Blacklock’s. “Not only has the Attorney General taken a hard line on this case, but it has also tried to blacken Blacklock’s reputation by accusing it of entrapment and being a copyright troll,” Stephens wrote. He noted that the court ultimately dismissed these allegations, finding no intent by Blacklock’s to deceive.
