The Argument from Authority
Our old pal the liar Warren Kinsella wags a finger at Kate, Kathy and two bloggers I can’t identify, on behalf of an award winning, pie throwing inciter and admitted sock puppet.
Warren cites a very good article by a brilliant defamation lawyer and all round bien pensant kinda guy, Julian Porter, on the internet and the Canadian law of libel. Kinsella writes, “I sincerely hope it gives them lots of nightmares.”
And well he might as that is the best he can hope for. Porter rightly notes in his article that the leading case in Canada on libel and the internet is Barrick Gold Corporation v. Lopehandia et al 2004 in which the Ontario Court of Appeal noticed that a libel published on the internet had a broader potential distribution than one published in your local PTA newsletter and that, where malice is proven, punitive damages are appropriate.
So, if Lucy can satisfy a judge that various people libeled him by suggesting that a) he posted under at least one alias, b) from a computer which just happened to have the same IP as a computer used by some sexist racist scumbag to spew filth about a black female Canadian Senator who is not on EGALE’s Christmas card list, c) that he has a reputation to lose, d) that he has suffered actual damages and e) that the people posting cannot avail themselves of the various defences to a claim of defamation, then Lucy is perfectly entitled to claim punitive damages.
I note that Mr. Porter is not acting for Lucy in such matters which have resulted in libel notices being sent. Mr. Porter’s services are rather dear…perhaps we should take up a collection. Or maybe the CJC’s legal committee might foot the bill as a sort of bonus prize for Lucy on the occasion of his outing.
Update: Ooopsie. Julian Porter, QC will not be available for Lucy…according to Ezra Levant he’s already acting for Macleans and Mark Steyn.
March 19th, 2008 at 5:37 pm
Ah Kinsella the blowhard at it again. What a twit.
March 19th, 2008 at 6:08 pm
What Kinsella fails to pint out is that Porter is representing Macleans in their bid to open up the Warman v Lemire hearing to the public. Now if Porter is Mcleans Lawyer by extension that makes him Mark Steyns lawyer, hmm got that WK;)
March 20th, 2008 at 12:50 am
I sense another “Liberal Hunting Dog Award”, given to the Liberal operative who aims for an enemy, and misses spectacularly….
March 20th, 2008 at 3:32 am
“Ooopsie.”
Classic.
March 20th, 2008 at 5:35 am
The same Julian Porter who is representing Macleans/Steyn? Hilarious! Did WK know that before inserting his foot into his mouth?
RG
March 20th, 2008 at 7:16 am
In the Gilligan’s Island Hierarchy of Intelligence (trademark and patent pending) Kinsella just dropped from tree lemur to coconut with a straw in him from Thurston Howell III.
If he looked any more stupid he’d be a rock. You know, the paper mache kind.
March 20th, 2008 at 9:55 am
RG, I fear that Mr. K’s feet go where angels fear to tread. I don’t think he had a clue.
HL, the problem with you scale is that there are not nearly enough grades between annoying tree lemur and fake rock. With Kinsella you need lots of grades else the fun will be over before it is properly begun.
March 20th, 2008 at 11:49 am
Reader Tips…
Leaked! The CHRC response to motion on secret hearing. More lawyery insight from “Canada’s leading legal expert on what David Dingwall takes in his coffee”. “When human rights commissions are mocked on the CBC’s leading prime time show, you know…..
March 20th, 2008 at 6:09 pm
Aw come on guys. He’s just an inexperienced staffer.
Also nuts.
March 20th, 2008 at 6:12 pm
PS Hannibal Lectern:
Where can you be contacted to receive your free b*** j**? Cuz that line earned one.
March 20th, 2008 at 6:13 pm
Hmm Warren states that he goes after “penniless blowhards” just to make em sweat – in other words he has no intent to follow through on a threat to sue he just likes to think he intimidates people. He has also written about “shaking down” Mike Brock for vacation money in yet another threat. What does a lawyer have to do to be cited for conduct violations in a complaint to the Law Society?
March 20th, 2008 at 8:50 pm
I once read a great article on how skeptics deal with those who believe in the supernatural.
Using the analogy of a pudgy middle-aged guy trying to make the NBA despite having no talent, the believer is given every chance, but always comes up with an excuse: injury on the day of the tryout, not having a good day, moon is in Aquarius, etc.
Eventually, all but the most deluded will realize they just don’t have the talent.
Reminds me of Kinsella: every time he comes up with a “hero” to defend his point of view, he falls flat on his face.
When people like Deborah Lipstadt, Ken McKay and now Julian Porter are telling you that you are a pudgy, middle-aged talentless non-athlete, you should perhaps listen…
March 21st, 2008 at 1:13 am
So …. Kinsella works as a political flack and media hack because he’s such a talented legal mind!
Is that it?
Awesome…......
March 21st, 2008 at 2:15 am
After reading the columns of the eloquent Kinsella, I have only one response…
Behead Steyn and Levant! Cut out each one’s tongue! Find where one dwells and slay all who abide therein!
Only in this way can we be secure against discrimination and hatred.
March 21st, 2008 at 2:18 am
Well, that settles it. After reading Mr Attahitler’s outpouring of hate, it’s pretty obvious that Canadian governments have no choice but to (a) shut down Warren Kinsella’s website and (b) haul him before a court or tribunal to make him answer for his incitement of these sort of lunatics.
Fanatics like Mr Attahitler are everywhere, and would quickly turn North America into another Auschwitz if they were not ruthlessly suppressed at every turn. Fortunately, they are also anathema to 99.9% of thinking people, which makes it legitimate to suppress them.
So: Let’s roll.
... Unless, perhaps, you have Nazi sympathies yourself, eh?
March 21st, 2008 at 3:37 am
Don’t bother ‘the legend in his own mind’, he’s turned on smoking ads and smokers now, having ran out of Nazis I guess and he’s got a bunch of fascists on board proposing to ban and legislate this and that, you know right up there with ‘thought’ crimes, keeping the kids under nanny state control. Oh I feel so much better with the state taking over what is good or bad for me, well you know if you’re not a liberal you can’t make such decisions.
March 21st, 2008 at 8:20 am
Dear Kathy,
I am contacting you via separate email. Kind of funny you say that, because I was about to add that he keeps getting his ass handed to him by Ginger and Mary Ann.
March 21st, 2008 at 4:53 pm
While I’m at it:
Borin’ Chinchilla is a ringing example of the deleterious effects of combining excessive viewing of Barney reruns with the serotonin uptake inhibiting undergraduate journalism degree.
Combine that with a law degree and you end up creating Fruit of the Loom legal briefs.
http://www.fruitguyfans.com/