In order to go to the lengths of applying for a peace bond, evidence would have been collected. Had a summons been successfully served, both parties would have been in court and the evidence presented, without sufficient evidence, the Karlsson's open themselves up to litigation for defamation. If you don't think evidence exists, I really don't know what to tell you. We may not be privy to the evidence, and it may not be sufficient proof when it's all said and done, but it would have been enough for a very rich man's highly paid lawyer (Karlson's) to recommend going through this process. I suppose it's possible Karlsson has a terrible lawyer, but occam's razor suggests that this isn't a frivolous accusation and there is at least something there. The most obvious scenario is that in investigating the social media posts, a Norwich order was sought to compel the various social media platforms to provide IP and Mac Addresses of the accounts used to make the posts.
Hang on a second here. Norwich orders are part of the process for
actions, not peace bonds. You use them to compel info from a 3rd party when you are suing someone. It has to be an exceptional circumstance. For example, if Melinda sued Monika for the intentional affliction of mental suffering, then brought an application for a
Norwich order to receive the records from Twitter or Instagram, because Monika wouldn't turn over her Twitter info, that may be an appropriate situation. They can be used pre-action (before actually suing someone), but this is an even rarer exception than a typical
Norwich order. Just think of implications if it was easy or even only moderately difficult to force a 3rd party to turn over information about someone else because you are considering bringing a claim against them, it would be ridiculous. You show that it is an exceptional circumstance and absolutely necessary, that a
Norwich order is the
only possible way to obtain the information that is crucial to the action.
It is highly unlikely they were able to obtain a
Norwich order premised on the fact that they would be using the information to file a peace bond. Further, if they were granted the order, Caryk would have been notified that it had been granted and she would have been able to oppose it.
How else would they have been able to get the information (legally)? Perhaps via a police investigation. However, if this had been the case it seems likely the police would have been involved in the filing of the peace bond. The police were not involved in the filing of the peace bond, which adds another level of complexity to the situation.
Right now, I am having trouble understanding why Monika wasn't served with the documents. They have had over a month and actually were forced to delay a court date because they did not serve her. This seems to be a big piece of the puzzle that no one is talking about.
If they were serious about getting the peace bond they would have made sure to get her served with the documents. It's a relatively simple process, especially if you have money to spend. If the person is avoiding being served or you cannot physically locate them, there are alternatives that can be used such as emailing them or even sending the notice over social media.
I hope, when and if the Karlssons' make a statement, that this point is addressed. I would imagine time is running short and that sooner or late Monika will come out with a statement denying everything and slinging some mud Melinda's way. At that point, the ball will be back in the Karlssons' corner.
