Expanded Defence filed and Jury Trial
“There’s a tear in my Robert Simpson Beer…”
Mark and Connie Fournier of the FreeDominion website have been on the front line against Internet censorship and lawfare for years. They really have stuck their necks out and fought an immense battle to keep the internet free. At present, they face an intense barrage of lawsuits by people like Richard “Maximum Disruption” Warman, Warren Kinsella and John Baglow (aka: Dr. Dawg).
Today marks an important day for justice and freedom in Canada.
Mark and Connie Fournier made a motion to the Ontario court, asking the court to allow them to file an updated comprehensive Statement of Defence and also for the right to have a jury trial. This was a big risk for Mark and Connie Fournier to undertake, as it could have wound up costing them quite a bit in costs if they lost. Thankfully Mark and Connie have an iron will, and pushed ahead with their motion – despite all the risks.
In a very interesting turn of events; Mark and Connie Fournier won the entire motion today, and everything they asked for was granted by Madam Justice Toscano-Roccamo of the Ontario court. Here is a posting by Connie Fournier earlier this evening on what happened during the hearing:
So, we went into the court and we were before Madam Justice Toscano-Roccamo. On a side note, I must say that she was a very pleasant person. She greeted those of us who were sitting in the audience…actually addressed us twice. That has never happened before, in my experience.
Anyway, she was also very well acquainted with the case. The told us that she didn’t want to go through every amendment to our Statement of Claim that the other side disagreed with, and she said that, after reading all of our materials she already had several thoughts on the matter and asked the lawyers if they wanted to hear them.
Both sides said that they did. So, she basically said that she was going to accept our amended Statement of Defence as it was written. Then, on the issue of the jury notice, she said that the other side had not provided her with any evidence that they would be prejudiced if she allowed us to file a jury notice. Since there was nothing in their evidence that showed they would be prejudiced, it was clear she was going to allow our jury notice, too.
Then, she asked the lawyers if they wanted to take half an hour to talk and see if they could come to a resolution. Once we met, the other side immediately agreed to consent to the updated Statement of Defence and to us filing a jury notice. Costs will be awarded at the end of the trial. We agreed to allow them two more hours to cross-examine me since our Statement of Defence is now considerably longer and more detailed. We responded to that by asking for two more hours to cross-examine Richard Warman. They did not consent to that, and the judge didn’t think the law allowed for it, so we let it go. It’s not like he answers questions, anyway, so it’s not a big deal.
The big deal is that we got what we wanted in the motion. Exactly what we wanted. We now have a kick-ass Statement of Defence, and this trial is going to a jury!
Bring on September, baby! We’re ready to rock and roll!!
Unless you have been involved in politicized litigation, it is really difficult to understand how hard it is to stand in the face of diminishing odds and biased judges and refuse to give in. Mark and Connie Fournier have a lot to lose, yet they still push ahead for the greater good. Thank god for freedom, liberty, and the iron will of Mark and Connie Fournier, who are not intimidated by dozens of questionable lawsuits, copyright harassment and what some refer to as a corrupt politicized judiciary.
Sadly in today’s Canada; the court system is staffed by political animals who detest conservatives and anyone to the right of Joe Clark. From Kari Simpson to Douglas Christie, the court system only seems to find “fair comment” if you’re commenting on a person who might be classified as “right-wing” or “conservative”.
If you want Justice — Stay as far away from Canada’s Justice System as you can!
January 4, 2013