![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
Как мэр с блоггерами судились
Apr. 17th, 2017 01:16 pmпо следам наших публикаций
Оказывается, дело дошло до Ontario Superior Court of Justice:
======================
In 2010, the former mayor of Aurora, Phyllis Morris, sued three local bloggers and several unknown individuals for defamation. The lawsuit alleged that the former mayor was defamed in anonymous comments posted on the Aurora Citizen blog during her re-election campaign.
In October 2011, Morris unilaterally discontinued her claim, and two of the bloggers sought their costs of having to defend the claim. The issues on the motion were whether the litigation had been commenced to silence them before the election and, if so, whether they were entitled to a higher scale of costs than would normally be the case.
On October 22, 2012, Master Hawkins held that the litigation started by Morris was Strategic Litigation Against Public Participation (“SLAPP”) [...]
Master Hawkins inferred from these facts that Morris was not prepared to wait and see if a demand letter would silence the bloggers and was not prepared to wait until her lawyers prepared a statement of claim. He concluded that “Mayor Morris wanted to hit [the defendants] quickly and hard, in order to silence them as her critics sooner rather than later in the weeks leading up to the October 25, 2010 municipal elections.”
Because the action was SLAPP litigation commenced to “stifle debate about Mayor Morris’ fitness for office”, Master Hawkins awarded the defendants “special enhanced costs” of just over $21,000.
We believe this is the first time in Ontario that a Court has found that a party engaged in SLAPP litigation and, similarly, the first time that a Court in Ontario has awarded costs on a heightened scale because the litigation was SLAPP.
======================
source&(c)
Оказывается, дело дошло до Ontario Superior Court of Justice:
======================
In 2010, the former mayor of Aurora, Phyllis Morris, sued three local bloggers and several unknown individuals for defamation. The lawsuit alleged that the former mayor was defamed in anonymous comments posted on the Aurora Citizen blog during her re-election campaign.
In October 2011, Morris unilaterally discontinued her claim, and two of the bloggers sought their costs of having to defend the claim. The issues on the motion were whether the litigation had been commenced to silence them before the election and, if so, whether they were entitled to a higher scale of costs than would normally be the case.
On October 22, 2012, Master Hawkins held that the litigation started by Morris was Strategic Litigation Against Public Participation (“SLAPP”) [...]
Master Hawkins inferred from these facts that Morris was not prepared to wait and see if a demand letter would silence the bloggers and was not prepared to wait until her lawyers prepared a statement of claim. He concluded that “Mayor Morris wanted to hit [the defendants] quickly and hard, in order to silence them as her critics sooner rather than later in the weeks leading up to the October 25, 2010 municipal elections.”
Because the action was SLAPP litigation commenced to “stifle debate about Mayor Morris’ fitness for office”, Master Hawkins awarded the defendants “special enhanced costs” of just over $21,000.
We believe this is the first time in Ontario that a Court has found that a party engaged in SLAPP litigation and, similarly, the first time that a Court in Ontario has awarded costs on a heightened scale because the litigation was SLAPP.
======================
source&(c)
