Brunswick News scales back injunction request
Last Updated: Friday, October 26, 2007 | 11:04 AM AT
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Lawyers for Irving-owned Brunswick News Inc. on Thursday reduced the scope of the injunction they're seeking against one of its former publishers.
Brunswick News alleges that William Kenneth Langdon, the former publisher of the Woodstock Bugle-Observer, took confidential documents from the newspaper to help establish a competing publication in New Brunswick's Carleton County.
The injunction previously filed with the Court of Queen's Bench in Saint John asked the court to ban Langdon from doing business with any of the Bugle-Observer's advertisers, customers or suppliers.
Brunswick News's lawyers told the court they'd settle on having Langdon banned from soliciting 15 key local advertisers or approaching certain contractors, including correspondents and people who deliver the newspaper.
The ban wouldn't apply if those people were to approach Langdon.
The 15 advertisers were not listed in open court, but Justice Peter Glennie said it was obvious they were big accounts.
Glennie asked if the request to have them placed off limits wouldn't doom Langdon's paper and achieve the same effect as an injunction.
Brunswick News's latest position is no concession at all, said Langdon's lawyer Peter Mockler.
"When you look at the advertisers and the volume that they're talking about, they say Ken can be in business, but don't come after any of the good business," Mockler said.
Langdon resigned from the Bugle-Observer in September.
In his resignation letter, which is now filed with the courts, he said he had grown disillusioned with the management practices of Brunswick News vice-president Victor Mlodecki.
He also told the company he intended to work with a business partner to establish the Carleton Free Press, which is expected to begin publishing in the Woodstock area next week.
Mockler told the court that competition is at the heart of the case and the Irving company is going to great lengths and expenses to quash its rivals.
"Mr. Langdon is setting off in the Irving sea," Mockler said.
Brunswick News owns all of the English dailies in New Brunswick, as well as all the weeklies with the exception of the Sackville Tribune and the St. Croix Courier.
The case against Langdon has nothing to do with Langdon's desire to compete in the business, said Stephen Hutchison, lawyer for Brunswick News.
"This is about a publisher who misappropriated confidential and proprietary information while employed with Brunswick News," Hutchison told the court.
Hundreds of corporate files were found on Langdon's home computer following a rarely used Anton Piller search order, including budgets, advertising and personnel information.
The documents were so extensive, they formed a complete guide to start a competing paper, Hutchison said.
Mockler argued most of the information was items a newspaper publisher would be expected to have: reports on high school graduations, boat races and carnivals.
"Are these the weapons of mass destruction for the Irving interests?" Mockler said. "This kind of information is going to put this company out of business?"
Glennie has reserved his decision on the injunction request until next Friday.
A trial date for the lawsuit has not yet been set. It will be held in Woodstock.
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