Cal Wenzel suing Mayor Nenshi for $6M

[MrMastodonFarm]

Originally Posted by Bigtime

I blame that squarely on Rick Bell, I may sue him for mental duress caused by it.

Maybe you should just stop reading it, Bigslime.

[Barnet Flame]

I have now read 1 of 20 Complimentary Sun+ articles.

I hope this doesn't stay on my permanent record.

[You Need a Thneed]

Originally Posted by Barnet Flame

I have now read 1 of 20 Complimentary Sun+ articles.

I hope this doesn't stay on my permanent record.

It resets every month

[KelVarnsen]

Originally Posted by MrMastodonFarm

Maybe you should just stop reading it, Bigslime.

Now where is the fun in that?

[Resolute 14]

Wait, so this moron is actually accusing Nenshi of claiming that he "is the head of a mafia-like organization that is working to disrupt municipal politics utilizing immoral or illegal practices"?

/facepalm

Oh, and it is apparently Nenshi's fault that Wenzel allegedly received a death threat once. I wonder what the odds are that he actually filed a police report on that?

What a tool.

[SebC]

http://en.wikipedia.org/wiki/Strateg..._participation

[Vulcan]

Originally Posted by You Need a Thneed

It resets every month

Just set cookie monster to "temporarily accept cookies" on the newspaper site, and you'll always be at 1st of 20.

[Slava]

I don't think much of Wenzel, but isn't the fact that so many of us know who he is now and have that feeling fairly indicative of defamation? Honestly before the video and campaign I wouldn't have known who he was, or basically had no opinion.

[Minnie]

How is it defamation? Someone taped him, in his own words, stating his idiocy. That's hardly Nenshi's fault. If he has reason to go after anyone, it's whomever taped him and released it. The resulting feeling toward him is based on his remarks and his actions. He's in great danger of becoming Rob Ford Lite at the rate he's going (in terms of the rantings and ravings, not the rest of it). He further embarrasses himself by the script of his lawsuit becoming public. - 'injuried his feelings.' Good heavens, his lawyer should be flogged for that, lol.

[Resolute 14]

Originally Posted by Slava

I don't think much of Wenzel, but isn't the fact that so many of us know who he is now and have that feeling fairly indicative of defamation? Honestly before the video and campaign I wouldn't have known who he was, or basically had no opinion.

No, it is not defamation to have the opinion that he is an entitled dirtbag. It is Wenzel's own actions - both on that taped meeting, and in his subsequent belly aching - that have led people to form a negative opinion of him.

IANAL (obviously), but on the merits of the complaint, his crying about the Godfather reference is immaterial, imo as it is obviously likewise opinion (and taken out of context at that). It's the statements Nenshi is alleged to have made claiming Wenzel broke the law with his campaign contributions that will matter, I think. If Nenshi can show that he reasonably believed this is true, he's likely safe. If not, Wenzel may have a case. Of course, he'll have a ridiculously hard time proving $5 million in damages even if he does win the suit.

This is basically, as alluded to above, the Canadian equivalent of a SLAPP suit. Wenzel doesn't want people talking about how he and his cohorts appeared to be trying to buy city council.

[SebC]

Originally Posted by Slava

I don't think much of Wenzel, but isn't the fact that so many of us know who he is now and have that feeling fairly indicative of defamation? Honestly before the video and campaign I wouldn't have known who he was, or basically had no opinion.

Not at all. Defamation means somone lied about you. There are plenty of other ways for people to come to think poorly of someone, so just because you don't think much of Wenzel doesn't mean he was defamed.

[Barnet Flame]

Originally Posted by Vulcan

Just set cookie monster to "temporarily accept cookies" on the newspaper site, and you'll always be at 1st of 20.

Yeah, I don't think I'll need to do that.

[Slava]

Originally Posted by Resolute 14

No, it is not defamation to have the opinion that he is an entitled dirtbag. It is Wenzel's own actions - both on that taped meeting, and in his subsequent belly aching - that have led people to form a negative opinion of him.

IANAL (obviously), but on the merits of the complaint, his crying about the Godfather reference is immaterial, imo as it is obviously likewise opinion (and taken out of context at that). It's the statements Nenshi is alleged to have made claiming Wenzel broke the law with his campaign contributions that will matter, I think. If Nenshi can show that he reasonably believed this is true, he's likely safe. If not, Wenzel may have a case. Of course, he'll have a ridiculously hard time proving $5 million in damages even if he does win the suit.

This is basically, as alluded to above, the Canadian equivalent of a SLAPP suit. Wenzel doesn't want people talking about how he and his cohorts appeared to be trying to buy city council.

Well my point isn't that I think he can win a suit against the mayor. I just think its pretty obvious he was defamed here. I'm not sure how he implicates the mayor as the one who defamed him though.

The damages are just what is alleged in the statement of claim, and aren't a big deal. Think of that more as an upper limit. People always get upset at the prospect of paying $5M bases on a statement of claim when in reality these things settle for much cheaper (assuming anything is paid out).

[Hack&Lube]

Next up, Mayor Ford sues the Toronto Police Department and the entire internet for defamation for recounting the apparent events of a video which was taken of him.

[Oling_Roachinen]

Originally Posted by Slava

Well my point isn't that I think he can win a suit against the mayor. I just think its pretty obvious he was defamed here. I'm not sure how he implicates the mayor as the one who defamed him though.

The damages are just what is alleged in the statement of claim, and aren't a big deal. Think of that more as an upper limit. People always get upset at the prospect of paying $5M bases on a statement of claim when in reality these things settle for much cheaper (assuming anything is paid out).

Only if what Nenshi said was false. That's where the battle will be fought. You can't defame someone for something that is true (although you might have to prove it).

[Resolute 14]

Originally Posted by Slava

Well my point isn't that I think he can win a suit against the mayor. I just think its pretty obvious he was defamed here. I'm not sure how he implicates the mayor as the one who defamed him though.

It is not obvious at all.

If I argue that Tim Jackman is not a good NHL player any more and other people agree with me, has he been defamed? No. Defamation is not "people have a negative opinion of something".

[SebC]

Originally Posted by Slava

Well my point isn't that I think he can win a suit against the mayor. I just think its pretty obvious he was defamed here. I'm not sure how he implicates the mayor as the one who defamed him though.

Many people have negative opinions of Nenshi because of Rick Bell. Does that mean Nenshi was defamed by him?

[killer_carlson]

I think there will be a measure of malice and whether the Mayor was reckless when tossing around the word "illegal".

[topfiverecords]

Anyone in on Class Action Lawsuit against excessive use of "builder's" beige?

[Slava]

Originally Posted by Oling_Roachinen

Only if what Nenshi said was false. That's where the battle will be fought. You can't defame someone for something that is true (although you might have to prove it).

Originally Posted by Resolute 14

It is not obvious at all.

If I argue that Tim Jackman is not a good NHL player any more and other people agree with me, has he been defamed? No. Defamation is not "people have a negative opinion of something".

Right, but what about the "godfather" discussion with David Gray? That's hardly just a negative opinion and its extremely unlikely to be true (to say the least).

In reading the Herald article Wenzel says he just wanted an apology and couldn't get one. If that's the case, its really a waste of legal resources to pursue IMO.