[klaatumail] Re: Dee Long news
- From: Jaimie Vernon <bullseyecanada@xxxxxxxxxxx>
- To: <klaatumail@xxxxxxxxxxxxx>
- Date: Thu, 10 Dec 2009 23:32:44 -0500
> Date: Fri, 11 Dec 2009 04:08:04 +0000
>
> > It is ultimately plaintiff's burden to prove, and I think
> > she's very unlikely to persuade the court to her perspective.
>
> Wesle, I don't recall where you live, so I may be out of line by even
> bringing this up, but keep in mind that this is a Canadian court. If you're
> in the U.S., like I am, our laws and our court system is different. I'm not
> sure what the laws are in Canada regarding this type of situation (Jaimie?
> anyone?) but the freedoms that the U.S. laws give to our press may not be the
> same that Canadian laws give to the press, and online press is not yet
> considered the same as the printed press here in the U.S. and I wonder if it
> is there. There's actually legal precedence here in the U.S. (recently too)
> where an online blogger can be held liable for stating what was determined by
> the courts to be truthful factual evidence, but not covered by "free speech"
> because it was published online. Scary when you think about that.
>
This issue is the litigiousness of the case at all. With all due respect to
American law, Canadian law is very conservative and is not rife with slap-happy
laws or lawyers waiting to sue someone's ass from car accidents, medical
malpractice...or libel.
I'm astounded watching the Atlanta, Georgia television feed for "Peachtree TV"
here in Canada where it's a rotating crop of advertisements for law firms
soliciting every type of personal or emotional injury to litigate on clients'
behalf. There's been one ad on the air for nearly 3 years seeking people to hop
on board a class action lawsuit against makers of asbestos. I'm all for
capitalism, but ambulance chasing and destroying people to get everything they
own isn't quite what the founders of your founding fathers had in mind when
they indoctrinated "life, liberty & the pursuit of happiness".
Canada has no such monetization of law unless it's big business suing big
business where it's all fair in love and war; Rogers Cable is currently suing
Bell Mobility for claiming it has the best 'high speed internet service...which
Rogers feels is a misleading statement in a competing marketplace.
But libel cases involving politicians never stand up to scrutiny as it's part
of the job desvription as a public figure. The only place in Canada you cannot
call a government employee a "lying, backstabbing weasel" is in the hallowed
halls of government itself (City Hall, House of Commons, Senate). Everywhere
else, including print AND internet media, is wide open for criticism.
The mayor suing Dee and Sydney would have been better served taking her claim
to the Human Rights Commission -- which works on its own set of rules and
regulations above our governing laws. This is where a libel case would hold
more water as she could use any of the old standby discrimination mcguffins
like sexism, racism or religious bigotry to win punitive damages from a soiled
reputation or income lost. HRC almost always favours the "victim".
> > Regardless of the outcome, as another respondent said, no amount of
> > remuneration can rescue her political career.
>
> Regardless of the outcome, if she thinks she's going to get monetary
> renumeration from Dee and Sydney, she's sadly mistaken. You can't take away
> what they don't have.
>
Dee and Sydney own a home. Any legal damages would be extracted from the
seizure of assets -- including houses, automobiles and retirement funds. Hard
cash isn't always required.
> In any case, this really stinks for Dee and Sydney. Happy Holidays indeed! :-(
>
It's a nuisance case. The mayor will lose...or even have the case thrown out
once the proper due dillegence is done during pre-trial. Our courts frown on
this type of whiney-assed crap. Basically, someone hurt this woman's feelings.
Not a hell of a lot to sink your teeth into as a lawyer for the plaintiff or as
a lawyer for the defence.
Jaimie Vernon,
President, Bullseye Records
1-800-JOE-RADI(O) // 1-800-563-7234
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Author, Canadian Pop Music Encyclopedia
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