By Sean Pearce | Nov 10, 2010
Lawsuit cites new attacks
The lawyer representing three Aurora residents being sued by outgoing Mayor Phyllis Morris is questioning the relevance of some of the allegations in her statement of claim filed this week.
Among other items, the nine-page statement makes reference to an anonymous comment posted to Mrs. Morris’ YouTube channel Nov. 5 and alleges previously reported defamatory posts on the Aurora Citizen blog incited such remarks, suggesting they will continue unless the behaviour in question is halted immediately.
On the YouTube post, Jordan Goldblatt, the lawyer representing the three named defendants in the case — Richard Johnson, Elizabeth Bishenden and former councillor Bill Hogg — said he fails to see what, if anything, that has to do with his clients.
“There’s no reason why my clients should be held accountable for comments made to a YouTube account over which they have absolutely no control,” he said.
In addition to Mr. Johnson, Ms Bishenden and Mr. Hogg, the statement of claim in the $6-million suit also names three anonymous posters to the Aurora Citizen blog and WordPress, the site’s host.
Beyond the YouTube comment, the statement of claim alleges Mr. Johnson, Ms Bishenden and Mr. Hogg were either moderators of the Aurora Citizen blog or authorized, participated in or encouraged the publication and republishing of defamatory comments.
The document further alleges the three anonymous parties were permitted to make false and defamatory blog postings and comments between the dates of Aug. 24 and Oct. 4, but makes note only of the dates and times of the alleged remarks and does not go into specifics.
The statement of claim also alleges the defendants are already familiar with the offending posts, but can be provided with more details upon request.
“These defamatory posting (sic) are false and defamatory of and concerning the plaintiff and are made with malice by the respective defendants knowing that they were false, or with careless disregard as to whether the defamatory postings were true or not,” the document reads. “As a result of the defamatory postings published by the defendants, the plaintiff has been subjected to ridicule, hatred and contempt and has suffered damage to her reputation in relation to her office, profession, trade and calling as mayor of the Town of Aurora.”
None of the allegations contained within the statement of claim have been proven in court.
The task for the defendants, at this point, will be to determine their next move, Mr. Goldblatt said. A couple of options exist, he said, including a motion to strike, on the grounds a government can not sue its citizens under the Charter of Rights and Freedoms or to go ahead and prepare a statement of defence against the plaintiff’s claims.
For his part, Mr. Johnson flat out denies ever having moderated the blog and is of the belief the motivations behind the legal action have more to do with his vocal criticism of Mrs. Morris’ actions and leadership.
As such, it’s not surprising the Canadian Civil Liberties Association has taken an interest in the case and is viewing it as a potential strategic lawsuit against public participation, he said, adding he believes most people would likely reach the same conclusion.
“This whole experience is so incredibly disturbing given that my tax dollars and those of the community are being used along with the town’s resources and expensive outside legal counsel to falsely accuse me of something I did not do,” he said.
“From my perspective, there are numerous questionable aspects of this whole legal action that are not exclusively related to how unjustly both me and my family are being treated. I think it is fair to say that a great many people are being unnecessarily and unjustifiably harmed through the actions of both the town and the mayor.”
Mrs. Morris said she had no comment beyond the statement of claim and referred questions to lawyer Howard Winkler. Mr. Winkler did not return calls for comment by deadline.
At present, there is no court date to deal with the matter, however, a motion seeking to compel the named defendants to reveal the identities of the anonymous contributors will be heard by the courts in January. Mr. Hogg has made clear neither he, nor the other two individual defendants, would have that information as anonymous participants to a blog are, by their very nature, anonymous.


