|
BC court ruling -- be careful what you say about other people on the internet
Since ive seen many libelous remarks made on here against certain people and establishments, i thought this article was relevent.
| quote: | GREG JOYCE
Thu Jan 12, 9:02 PM ET
VANCOUVER (CP) - A B.C. Supreme Court judge has awarded 11 plaintiffs - nine of them teachers - a total of $681,000 in compensatory and punitive damages against a woman who defamed them in what the judge described as a "shockingly vicious attack."
Justice Jacqueline Dorgan, however, noted in her 92-page judgment that "there may be no real hope that the plaintiffs will actually be compensated in damages" levied against the defendant, Susan Pearl Halstead.
Despite the judgment, the judge said Halstead continued to "assert the truth" of her allegations and continued to publish her defamatory statements on the Internet regarding some of the plaintiffs.
While the judge ordered Halstead to refrain from repeating the defamatory statements, she also expressed the opinion that there was a possibility Halstead would continue to publish them on the Internet.
The judge said Halstead's "shockingly vicious attack upon, and her manifestly fictitious account of, each of the plaintiff's character and conduct is deserving of rebuke."
Nine of the plaintiffs are teachers, one is a retired school board trustee and one is a parent. All were involved with School District 71, the Comox Valley School District on Vancouver Island.
The judge also castigated Halstead for her decision not to participate in the trial.
She said Halstead effectively thought she was "judgment proof" and didn't attend "in an effort to dissuade the plaintiffs from proceedings."
The court said Halstead was a longtime community volunteer who had become focused on her concern that certain teachers, school board officials and parents had acted improperly.
"The defendant has posted her views, including very serious allegations of manifestly improper conduct, on Internet websites, chat rooms and via e-mail."
It's not clear from the judgment why the defendant engaged in the campaign of defamation but the judge said that since about 1997 "Ms. Halstead has been highly conflict-driven, waging battles with everyone from parents to teachers, trustees and the superintendent of schools.
The plaintiffs, who received varying amounts of damages depending on the degree of defamation, were Edmund Newman, Charlotte Elizabeth Harvey, Roberta Ling, David Harvey, Kenneth Piercy, Elizabeth Eakin, Andrew Chisholm, David Halme, John Hurley, David Morrow and Gale Wheeler.
Seven of the plaintiffs were labelled as "bully educators" and "least wanted educators" on the "B.C.'s least wanted page" of Halstead's website, the judge said.
The plaintiffs' lawyer, Howard Mickelson, said the judge "recognized the important role a court in appropriate cases can play in restoring the reputation of people who have been the victims of this kind of nasty, vicious campaign."
"The significance of the size of the damage awards and the granting of punitive damages speaks to the seriousness with which the court felt exemplary professionals had had their reputations unfairly tarnished."
The judge also lauded the conduct of the teachers during the trial and said their communities "deserve no less than the full participation of these individuals, free from the shadow cast by Ms. Halstead's defamatory statements." |
___________________
| quote: | Originally posted by jester
Everything in this country is illegal. |
"Socialism is a philosophy of failure, the creed of ignorance, and the gospel of envy, its inherent virtue is the equal sharing of misery…" Winston Churchill
"If you have ten thousand regulations you destroy all respect for the law" - Winston Churchill
|