Usted esta aquí LEGAL SUIT IN ONTARIO : COURT REJECTS REQUEST TO HAVE IT TRANSFERRED TO QUEBEC
LEGAL SUIT IN ONTARIO : COURT REJECTS REQUEST TO HAVE IT TRANSFERRED TO QUEBEC
- Écosociété appeals an ontarian decision
Montreal, March 5, 2009 – While citizens and organisms marched today in front of Montreal’s Courthouse to ask the Liberal government to adopt an anti-SLAPP bill before next June, another nasty side of SLAPPs (strategic lawsuits against public participation) has just affected Écosociété and the authors of Noir Canada.
On June 11th, 2008, the gold mining company Banro Corporation filed a 5 million dollar suit against Écosociété and the authors of Noir Canada. This legal action came on the heels of another one filed by Barrick Gold mining in the amount of 6 million dollars. Due to their limited financial means, Éditions Écosociété have filed a request before the Ontario court in order to have the pursuit transferred to Quebec. A legal action held in Ontario would mean duplication of the heavy judicial procedures (days of interrogation, defense file preparation, etc.) the authors and the publishing company have to go through already, because of the suit filed by Barrick in Quebec. The authors and the publishing company would also have to make regular trips to Toronto, as they are all based in Montreal.
On February 23rd, the request to have the action suit transferred to Quebec was firmly rejected by the Superior Court of Justice in Ontario. Shocked by the bias of the ruling largely favorable to Banro’s «right of reputation», Les Éditions Écosociété and the authors of Noir Canada have decided to appeal.
If they were to accept this judgment and go through the trial, Les Éditions Écosociété would have had to pay $13 000 in legal fees (not to mention lawyer fees) for a day and a half in court. This amount suddenly went up to $25 000 following a request by Banro Corporation’s lawyers.
Besides the fact that a legal suit in Ontario would be logistically and financially impossible to afford, the ruling does not even take into account the issue of freedom of expression.
For Écosociété and the authors, this ruling threatens the access to justice.
Moreover, they are worried of the consequences and perverse effects of such a ruling, notably regarding :
* Forum shopping, which is a form of « libel tourism » according to which the plaintiffs file their action suits in jurisdictions more likely to rule in their favour ;
* Possibility for the powerful to open as many legal fronts as they wish in as many jurisdictions as they wish.
Écosociété and the authors of Noir Canada strongly hope that the Court of Appeal for Ontario will hear their arguments and give freedom of expression, as well as the survival of the publishing house, a fair chance.
