Quote:
Originally Posted by GGG
For Nenshi to successfully defend the defamation case he only needs to prove part of what he said was fact. Then any opinions based on that fact are fair comment.
The video shows Wensel couciling people on how to get around donation limits. Therefore Nenshi's comments about Wenzel counciling illegal donations is factual. And any of the surrounding comments are included under fair comment.
Yes, the reputation of Wensel was dragged through the mud but it was based around factual statements by him trying to get around election laws and him trying to elect a slate of candidates. These things are facts. And anyone is allowed to make extreme comments based on fact.
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Because the video is very short and no questions are asked how is it known whether what he said was trying to circumvent election rules. All you would need to do to prove that false is look at the last election donation record and see if any gas cards were claimed as donations and then that theory is blown out of the water. It probably was their intent to circumvent rules but its not like they were saying to have each of your 5th cousins donate the max amount of money like does go on. Of those who have helped in a campaign before have you ever brought pizza or donuts and not claimed them as a donation. If gas cards is the worst they were planning then I think anyone who has been involved in an election is at risk.
Also, if Nenshi spent equal time on possible illegalities as he did on the "outvote" strategy then you might be right. But I think a simple Interweb search would find that the outvote strategy was mentioned vastly more. I would guess a conservatively 90% more than the possible illegalities. Anytime Neshi mentions the video even without saying his name he is inferring to Wenzel.
I personally think the end game of this lawsuit is to catch Nenshi in a lie that can be used against him politically going forward. If he wants he would have a pretty easy ride to Premier if the Liberals and NDP collectively quit holding hands in a circle and crying about their misfortune. I think the money asked for in the lawsuit is simply a number thrown at a dartboard. It cannot be proved and likely has no chance of ever being awarded. If Wenzel did win the biggest loss would be to Nenshi's (and Alberta's IMO) future and maybe 100K to his pocketbook or something.