Mayor's defamation suit unsealed by court
Last Updated: Monday, November 29, 2010 | 10:08 PM MT
CBC News
Related
Edmonton Mayor Stephen Mandel, seen speaking to reporters at city hall on Monday, has hired U.S. lawyers to force Twitter and two other companies to turn over information, his Canadian lawyer says. (CBC)Court documents reveal more details about Edmonton Mayor Stephen Mandel's defamation lawsuit against a campaign volunteer for his main challenger in the recent municipal election.
All documents in the lawsuit were sealed by an Alberta Court of Queen's Bench judge when Mandel filed the $500,000 action against Nathan Black two days after the Oct. 18 election.
The documents were unsealed Monday by Alberta Court of Queen's Bench Justice Donna Read after she heard arguments from a lawyer representing CBC and the Edmonton Journal.
Mandel's lawyer, James Thorlakson, argued that the documents cannot be made public until an investigation is complete. But the judge disagreed with him.
"The courts are open," Read told the court. "Freedom of expression exists. There is no good reason for that statement of claim to be sealed."
The lawsuit centres on a blog posting from Oct. 7 written by someone billed as "darrensbigscoop." The posting accused Mandel of having a conflict of interest when making decisions about the future of the City Centre Airport.
The statement of claim alleges Black was the "source of the statements" in the blog "and that he made those statements to persons whose identities are unknown to the plaintiff at this time." These allegations have not been proven in court.
Black told CBC News on Monday he hadn't been served with the statement of claim nor had he seen any legal documents.
The court documents reveal Mandel wants three U.S. companies — Automattic, owner of blog publishing software WordPress; Twitter; and USB phone device provider MagicJack — to reveal the name, address, contact information and IP addresses of the individuals associated with "darrensbigscoop."
Black denies writing blog posting
Council voted in July 2009 to close the airport just north of downtown Edmonton so the land could be freed for development. But an unsuccessful petition drive by Envision Edmonton to force a plebiscite on the closure made the airport's future an election issue.
Black — a volunteer for Envision Edmonton and pro-airport mayoral candidate David Dorward — has admitted he posed as a fictional Seattle journalist to make phone calls to city councillor Amerjeet Sohi and Sid Hanson, an organizer for pro-closure group Yes for Edmonton.
Black spoke to Sohi and Hanson about the airport issue but denied writing the blog posting. Dorward condemned Black's actions and said he was no longer welcome on his campaign after Black admitted to calling the two men.
The article from "darrensbigscoop" was published using blogging software WordPress. The posting was also promoted on a Twitter account belonging to "darrensbigscoop".
Sohi and Hanson were contacted by a phone number with a Seattle area code that was set up through MagicJack.
Thorlakson alleges all three accounts were arranged to make it appear as though all information was coming out of Seattle.
"This person has gone to great lengths to remain unknown," he told court.
According to Thorlakson, Mandel has retained lawyers in San Francisco to compel the three U.S. companies to reveal all the contact information for each account.
If Mandel wins his lawsuit, he plans to donate the money to the Edmonton Community Foundation to help children in need.
Share Tools
Latest Edmonton News Headlines
- Downtown market alters layout due to construction
- Mild temperatures and sunny skies brought thousands of people to 104th Street on Saturday as the City Market moved outside for the first day this year more »
- Loft residents start petition against proposed strip club
- Residents of the Cambridge Lofts on Jasper Avenue have started a petition to block a strip club from opening up in the building. more »
- Teachers urge province to reverse funding cuts
- Delegates to the Alberta Teachers' Association annual general meeting passed several motions on Saturday asking the province to reverse cuts to education more »
- Woman killed in rollover near Ponoka
- A 25-year-old Red Deer woman was killed on Saturday when she was thrown from a vehicle that rolled on the QEII Highway near Ponoka. more »
Must Watch
Top News Headlines
- Rescue attempt over for New Brunswick fishermen
- The rescue attempt for two missing fishermen has been called off in New Brunswick, hours after one body was found. more »
- Spectator killed at Edmonton Jeep event
- A 20-year-old woman died Saturday during an event for Jeep enthusiasts held in a parking lot just west of downtown Edmonton. more »
- Astronaut Chris Hadfield adjusts to 'earthling' life
- Canada's space ambassador, Chris Hadfield, is still readapting to life on this planet after spending 146 days in zero gravity as commander of the International Space Station. For now, though, he's taking his homecoming one step at a time. more »
- Afghan legislators block law protecting women
- An Afghan legislator says conservative lawmakers have blocked approval of a law that aims to protect women's freedoms, saying parts of it violate Islamic principles. more »
- Spectator killed at Edmonton Jeep event
- Abducted woman found
- Danielle Smith asks RCMP to investigate Sandhu
- Remand centre sued by man who killed cellmate
- Mall owner sues Slave Lake and its fire department
- Loft residents start petition against proposed strip club
- Man killed in rollover near Slave Lake
- Downtown market alters layout due to construction
- Mosquitoes arrive just in time for long weekend

