SUPERIOR COURT OF JUSTICE - ONTARIO
COURT FILE NO.: 07-CV-39927 SR
DATE: 20140227
RE: Richard Warman, Plaintiff
AND
Constance Wilkins Fournier, Mark Fournier, Andrew Spencer (a.k.a Droid 1963), Roger Smith (a.k.a. Peter O’Donnell), Jason Bertucci (a.k.a Faramir), Dan Lepage (a.k.a SaskBigPicture), Daniel Martin (a.k.a Padraigh), Jon F. Klaus (a.k.a Klinxx) and John Does 1-2 (a.k.a conscience and HR-101), Defendants
BEFORE: Mr. Justice Robert J. Smith
COUNSEL:
James Katz, for the Plaintiff
Barbara Kulaszka, for the Defendants Constance and Mark Fournier and Jason Bertucci
Roger Smith, self-represented
HEARD: By written submissions
ENDORSEMENT
[1] Further to reviewing the submission of the parties on the terms of the judgment I find that the chart in para. 3 of the draft judgment should contain another row including the total amount owing by each defendant.
[2] Para. 4 and Schedule A of the draft judgment is acceptable as I find it is reasonable in the circumstances that all defendants be enjoined from publishing any of the statements found to be defamatory by the jury including the natural and ordinary meaning of the statement found to be defamatory.
[3] The injunction should also prohibit all the defendants from publishing any of the innuendos as set out in Schedule A, as they were part of the findings by the jury.
[4] Para. 4 should also contain the following term: This injunction does not prevent the defendants from filing any documents in Court that are necessary for any appeal.
[5] Para. 5 is also acceptable and I agree with the plaintiff’s submission that I am unable to change the jury’s decision by reducing the award of damages payable by the Fourniers by the amount of damages awarded against Jason Bertucci and Roger Smith. The jury made separate findings in this regard and those findings should be respected. I also see no reason to reduce the plaintiff’s recovery by the amounts of damages and costs awarded against Jason Bertucci and Roger Smith.
R. Smith J.
Date: February 27, 2014
COURT FILE NO.: 07-CV-39927 SR
DATE: 20140227
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: Richard Warman, Plaintiff
AND
Constance Wilkins Fournier, Mark Fournier, Andrew Spencer (a.k.a Droid 1963), Roger Smith (a.k.a. Peter O’Donnell), Jason Bertucci (a.k.a Faramir), Dan Lepage (a.k.a SaskBigPicture), Daniel Martin (a.k.a Padraigh), Jon F. Klaus (a.k.a Klinxx) and John Does 1-2 (a.k.a conscience and HR-101), Defendants
BEFORE: Mr. Justice Robert J. Smith
COUNSEL:
James Katz, for the Plaintiff
Barbara Kulaszka, for the Defendants Constance and Mark Fournier and Jason Bertucci
Roger Smith, self-represented
ENDORSEMENT
R. Smith J.
Released: February 27, 2014