A former employee of adultery website Ashley Madison won’t reap the millions she sought from her odd injury claim.
Ontario’s Superior Court has dismissed without costs a legal battle between the website for people seeking romantic affairs and Doriana Silva, who claimed she was injured creating fake profiles for the site.
The two sides agreed after the court threatened to dismiss the suit with costs, noting that the case still hadn’t been placed in a trial list more than two years after it was first launched.
Silva launched a lawsuit against the Toronto-based company in 2012, alleging that she injured her wrists and forearms while creating 1,000 “fake female profiles” for a Portuguese version of the website. Silva said the profiles were meant to entice men to join the site.
She sought $20 million for the company’s “unjust enrichment” at her expense.
Ashley Madison’s parent company Avid Life Media fired back with a $100,000 countersuit, alleging that Silva kept confidential documents including copies of her work and training materials.
In her claim, Silva maintained that she told her employers about her injuries, but the complaints were ignored. The company countered that she kept quiet until her probation period was over and she could then take months off for treatment while it held her job. Avid also claimed Silva continually delayed her return to work and simultaneously led an active lifestyle that shouldn’t have been possible with her injuries.
Until recently, most Ontario lawsuits were bound to a limitation of two years from the date of the event or when the respondent was informed of the suit. A suit could be dismissed if it wasn’t concluded or placed on a trial list within that time. Starting in January 2015, that limitation period has expanded to five years.