Justice Sean Dunphy directed the station to provide the e-mail addresses of its approximately 2,200 member-donors to Brian Hemming, a Toronto-investment relations consultant and founder of Save Jazz FM. The group was founded in the summer after an eruption of discontent among supporters.
The station had provided Mr. Hemming with names and addresses of members, but refused to include e-mail addresses or phone numbers, citing privacy concerns. Mr. Hemming argued that the move disadvantaged his group in its dispute, noting the station’s board frequently lobbies its members through e-mails.
Justice Dunphy said the station’s defiant stand “was clearly adopted to frustrate the applicants and not – as suggested – out of concern to maintain privacy.” Still, he denied Mr. Hemming’s request for phone numbers, characterizing that method of contact as intrusive.