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Mom Makes Website, Gets Sued for $2 Million

An anonymous reader writes "A Canadian stay-at-home mom of 3 recently created a website to report on environmental problems around her neighborhood. The general public and governmental workers lauded her for her efforts. The environmental Ministry spokesman was even quoted as saying 'Obviously we can't have staff everywhere all the time, so we depend on the public out there as surrogate eyes and ears for the ministry'. However, not everyone was quite as happy, as she soon found out, when one company decided to sue her for libel to the tune of $2 million."

24 of 842 comments (clear)

  1. I thought... by supersocialist · · Score: 5, Insightful

    "The truth" was a solid defense against libel claims?

    But she has to prove it, and they've got the bigger pocket books...

    1. Re:I thought... by TheSkyIsPurple · · Score: 5, Informative

      Actually, they have to prove that what she was was not only false, but that she knew it was false.

    2. Re:I thought... by Senjutsu · · Score: 5, Informative

      Actually, under Canadian law, to pursue a defense of Justification against a Libel suit, the defendant must prove that their words were true. Quote:

      Justification
      If a person publishes a statement which lowers the reputation of another, the law presumes the falsity of the statement and the defendant then has the burden of proving the truth of the statement. If it is the truth anyone is free to say it. However, if the plaintiff consents to the statement being made, he/she cannot later argue they have been defamed. Actionable defamation only consists in a false statement impairing ones reputation.


      From here, about half way down, under "Canada".

    3. Re:I thought... by xigxag · · Score: 5, Insightful

      Guess what, Activa? Now hundreds of thousands of people who knew nothing about this woman's website are reading what she has to say. Good move!

      --
      There are two kinds of people: 1) those who start arrays with one and 1) those who start them with zero.
    4. Re:I thought... by Anonymous Coward · · Score: 5, Funny

      no, no, no, Canada has much looser women - libel laws are just as strict.

    5. Re:I thought... by cheezus_es_lard · · Score: 5, Informative
    6. Re:I thought... by Haeleth · · Score: 5, Funny

      In that cold land of Northern American, they do not enjoy the same freedoms that we do, such as freedom of speech.

      Oh, indeed. The USA has much better freedom of speech than anywhere else in the world. Why, here in Soviet Britain, you don't know where you're allowed to speak your mind and where it's forbidden -- I really wish we had designated "free speech zones" like you Americans!

    7. Re:I thought... by SebNukem · · Score: 5, Funny

      In America, we err on the side of free speech. But if you can't provide evidence, no one will believe you.

      I have proof that what you say is false! 3 words will be enough: "Bush" "WMD" "Iraq"

    8. Re:I thought... by pugugly · · Score: 5, Insightful

      Due Process - just like all those people at Gitmo, right?

      Please, quit trying to claim a difference in legal procedure is a vast cultural divide. I happen to agree with the U.S. system leaving the burden of proof where it is, but to make this into a "Capitalism vs Socialism" issue?

      Get a grip. We're hardly perfect, and at least if she loses the suit and files bankruptcy, she can still get her kids to a doctor.

      Pug

      --
      An Invisible Entity of Vast Power whose existence must be taken on faith alone: Liberal Media
    9. Re:I thought... by 75th+Trombone · · Score: 5, Insightful

      Not that a lot of us Americans aren't idiots, but I don't think you're quite right here. Americans don't make those assumptions about Canada because of geographic proximity, we do so because Canada is generally seen as being, in very general terms, a lot like the US -- or, at least, more like the US than western Europe.

      Whether that ends up being true in specific issues varies, of course. But to whatever extent the typical American thinks about Canada, it's usually safe to assume a /bit/ of cultural similarity.

      Contrast that with Mexico --- they're just as close to us as Canada is (obviously), and they probably have more influence on us than Canada does, but I daresay most Americans (myself included) wouldn't be nearly so quick to make assumptions about government policies there.

      Maybe it's because of the language thing, maybe it's something else. But I seriously doubt it's because of something //quite// so superficial as geographic location.

      --
      The United States of America: We do what we must because we can.
    10. Re:I thought... by bigbadwlf · · Score: 5, Funny

      Canada has much looser women

      That comes from having sex with us Canadian men.

    11. Re:I thought... by rtb61 · · Score: 5, Interesting
      Actually all the company has to do is extend the court case beyond the ladies ability to financially sustain the fight in court and she looses. How ever via the internet the amount of damage the company suffers in the interim and the ability of the lady to access aditional financing and information has grown exponentially, so that she can continue the fight and counter sue i.e. in making the claim of libel against her they are committing a possible act of libel and are subject to counter suit, they are impugning her character in that she would make malicous and libelous statements.

      Knowing builders and developers like I do, I can say with out fear of contradiction that they all infringe to some extent in some fashion or othe,r some of the enviromental or safety laws. She just has to prove this, it will be pretty easy to do if all she will need is a little bit of support from knowledgeable people from the industry i.e. competitors, subcontractors with an axe to grind, ex-employees, disgruntled customers etc. (I think they needed their collective heads read for starting something that is pretty well gauranteed to blow up in their collective faces).

      --
      Chaos - everything, everywhere, everywhen
  2. in Canda? by ShaneThePain · · Score: 5, Funny

    In the U.S. this is a no brainer, but this crap happens in canada too? I thought they were ALL enviro-hippies there.

    --
    Fascism is the greatest political ideology ever conceived. Sorry.
  3. That's it! by Sr.+Pato · · Score: 5, Funny

    I'm so glad I live in Canada, we don't have to deal with this bullsh.. uh, wait.. what the.. oh crap.

    --
    Nobody's gay for Mole-Man. :-(
  4. Re:This is all good by Sugar+Moose · · Score: 5, Insightful

    I don't think you really undestand the way the world works, buddy.

    This is not a "you have wronged us, we deserve damages" lawsuit. The company knows she couldn't ever pay $2 million. This is a "we know you can't afford to defend against our coporate lawyer onslaught, so you'll have to settle" lawsuit. If she tried to defend herself, they would ensure the attourney costs would financially ruin her. I'm sure they just want to settle out of court for her taking the site down.

    Let's hear it for coporate censorship. If you say something we don't like, make sure you're willing to give up your life for it.

  5. Re:Freedom can only be complete by Mr.+Slippery · · Score: 5, Insightful
    If you don't like a certain form of expression, don't allow it on your property.

    ...therefore, to silence others, acuqire their property. Landlords can silence tenants, shopping malls can evict patrons wearing political slogans the management disgrees with, etcetera.

    Typical libertarian capitalist fallacy that puts property as a primary right, rather than as a secondary tool to ensure primary rights.

    --
    Tom Swiss | the infamous tms | my blog
    You cannot wash away blood with blood
  6. Haven't we been over this already? by ZachPruckowski · · Score: 5, Insightful

    Here are the rules:
    1) Money is all that matters.
    2) If you are not a millionaire, you are a second class citizen
    3) You are not allowed to buy from a small company if there is a bigger one available
    4) If something a company sells you is crap, well, too bad.
    5) If you buy something from a company, they own you
    6) Speaking against anyone or anything richer than you is illegal.
    7) It is the government of the companies, by the companies, for the companies.
    8) Anyone who doesn't go to the Commerce School deserves to be screwed over

    Let's see, we're all guilty of...well, pretty much everything.

  7. That site was pr0n for the builder's attorneys by joelsanda · · Score: 5, Funny

    ... MILS ... Mothers I'd Like to Sue ...

    --
    The Luddites were ahead of their time.
  8. Re:Eh by WestCanadaCitizen.ca · · Score: 5, Insightful

    You're absolutely right that not everyone who cries environmental foul is right, or even legitimate. But when this woman received letters from Environment Canada (like the EPA) about her efforts, this lends a bit of credibility to her claims. Also, the fact that this development company didn't post a rebuttal that disproved her claims but rather filed a lawsuit intending to shut her up and shut her site down makes me think she was on to something.

  9. Re:Thinking of setting up a website? by TrappedByMyself · · Score: 5, Insightful

    Before anyone sets up any kind of web site, I strongly advise you to purchase an Umbrella Liabliity Insurance Policy. Among other things, these policies protect you from accusations of libel and slander.
    While truth is an absolute defense against libel or slander, you don't want it to cost you your life savings to defend against a frivolous lawsuit because you spoke the truth someone didn't want to hear. For the cost of the umbrella policy - typically around $300 per year you can virtually stop any potential frivolous lawsuit. Such lawsuits are designed to intimidate the little guy and you're much less of a little guy when a multi-billion dollar insurance company is the one that is paying to defend you against the suit.


    hmmm.... lets fix this one

    Before anyone sets up any kind of web site, I strongly advise you to research an Umbrella Liabliity Insurance Policy. Among other things, these policies may protect you from accusations of libel and slander.
    While proof is a defense against libel or slander, you don't want it to cost you your life savings to defend against a frivolous lawsuit because you spoke the truth someone didn't want to hear. For the cost of the umbrella policy - typically around $300 per year you can possibly prevent any potential frivolous lawsuit. Such lawsuits are designed to intimidate the little guy and you're much less of a little guy when you have adequate protection.


    ahh much better. Only thing worse than financial disaster is financial disaster after you realize your poorly researched insurance policies really don't help you in your case

    Be sure of what you are buying.

    --

    Help me take back Slashdot. When did 'News for Nerds' become 'FUD and Conspiracy Theories for Extremist Nutjobs'?
  10. Brutal by rinkjustice · · Score: 5, Informative

    How does the management of Activa Holdings Inc. sleep at night? There are so many better ways this company could deal with this problem. The company is worried about slander, about their reputation being sullied? They're making themselves look worse and drawing even more attention to their alleged environmental crimes.

    I guess the important thing to do is follow up on this story. Write, phone, fax or email the CEO of Activa Group, Werner Brummund at:

    Activa Group
    735 Bridge Street West
    Waterloo ON
    N2V 2H1
    Canada

    Phone 5198869400
    Fax 5198868955
    Email kyantz@gto.net

    Send letters and emails of support and/or financial support to:

    Louisette Lanteigne,
    700 Star Flower Ave,
    Waterloo Ont.
    N2V 2L2
    Canada

    butterflybluelu@rogers.com

    We should spread the word about this, the more people who know about this David and Goliath fight, the better. The worst thing we can do is just shake our heads in pity and forget about this whole thing.

    Btw: what materials does Activa Group sell?

  11. No Surprise by GISGEOLOGYGEEK · · Score: 5, Informative

    I'm not surprised that the builder is trying to screw over the lady, while making a huge mess of their construction site.

    The 'Award Winning' company that built my townhouse in Burnaby BC ... Adera ... is the same kind of company.

    They knowingly built my whole complex below code. You can not get a queen sized mattress to the top floor going up the stairs, they are too narrow (yes, this is a building code they ignored). In fact some of the original owners here forced Adera to buy special two-piece mattress sets.

    Then there's the brutal water heating system. They knew damn well that once the place had sold out, the water heater system would be totally inadequate and prone to breakdowns, forcing our strata to look into a Boiler system.

    Then there's the creaky floors due to various other codes being ignored, such as distance between the stringers, and the methods of tying down the floor.

    Then there's the fact that every damn outlet in the house is crooked, the builders couldnt take 2 seconds to level them, not even the ones cut through tiles!

    And how about the severe cracking in the cement foundation in part of our underground parking.

    And the insufficient gutters and downspouts, built below code, that overflow in a heavy rain.

    And there's the landscaping that has been eroding away due to poor construction, one person has pretty much lost their back yard.

    Our building is only 6 or 7 years old. These are just the bigger problems ... again all from an AWARD WINNING building company! No wonder there's so many leaky condos in this city.

    I wish the lady luck, take down those bastards ... even though they will simply shut down, start up under a new name, and carry on with their crap.

    --
    George Bush + Linux = "I will not let information get in the way of the fight against Windows"
  12. Counter sue on financial grounds by theolein · · Score: 5, Interesting

    The lady should counter sue the company for attempting to drive her into bankruptcy. She should sue for percentually as much, based on the company's income, as the company is suing her, i.e. if her yearly income is $60'000 and she get's sued for $2million, then if the company's yearly income is $10million then she should sue for $400million. She should plainly state that she is counter suing because the company is maliciously attempting to drive her into bankruptcy with an amount that she could never pay instead of just suing to get her to close down the website.

    She might not win, but it would provide precedence for annyone who is harrassed by giant companies in the future. (Hallo RIAA, did you hear that?) IT sure would be good to see some of those corporations think twice before abusing their power in future.