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An Ontario Superior Court justice has dismissed a lawsuit against a Mississippi Mills town councillor alleging defamation, harassment and abuse of power.
The decision, rendered June 8 in Ottawa by Justice R. Ryan Bell, follows the dismissal of a related defamation lawsuit brought by town councillor John Edwards and Mayor Shaun McLaughlin against Steve Maynard.
The Lanark County resident responded to the suit with a counterclaim alleging, among other things, the “intentional or negligent infliction of mental suffering.”
The June decision dismissed the claim against Edwards, though a similar claim made by Maynard against the mayor has not yet been resolved.
Maynard declined comment on the judge’s decision when reached Thursday, but said he intends to pursue the remaining claim against McLaughlin.
“If Mr. Maynard decides to persist in pursuing it, we will continue to defend it vigorously and will seek costs if successful,” said lawyer Jonathan Collings, who represents both Edwards and McLaughlin in the case.
McLaughlin and Edwards filed a defamation lawsuit against Maynard in July 2017, citing a series of seven postings on Maynard’s Facebook page that were critical of the mayor and council. In one, he called Edwards an “opportunistic liar” over the proposed redevelopment of parkland that had been dedicated to Don Maynard, a beloved Almonte resident and Steve Maynard’s late father.
Maynard was born in Mississippi Mills but now resides in a neighbouring municipality, though as the court decision noted, he has remained an outspoken critic of Mississippi Mills council.
Earlier in 2017, Maynard filed an application against another town councillor, Jill McCubbin, alleging she was “ineligible” to sit on council because she had been an employee of the local library board at the time of her election to council in 2014.
Maynard withdrew that application, “not as a result of the merits of the case but due to threats to his personal safety,” according to court filings.
The judge in that decision ordered Maynard to pay the costs associated with court proceedings, saying Maynard had caused the town to hire counsel to defend a “vexatious and no merit application.”
The defamation suit McLaughlin and Edwards then brought against Maynard was dismissed in November by Justice Patrick Hurley, who cited in part Maynard’s right to freedom of expression.
Maynard filed a counterclaim alleging he had been defamed by statements and commentary posted by Edwards and McLaughlin to social media, on McLaughlin’s “Shaun For Mayor” website and in the comments section of local online newspaper The Millstone.
In his affidavit, Maynard claimed he had received anonymous threats as a result of some of those posts.
“I am clearly being stalked, I believe as a result of your posts and the people you incited,” Maynard said in a message sent to McLaughlin. The mayor did not respond to Maynard.
Maynard’s main allegation against Edwards related to a comment the councillor posted on The Millstone, calling on Maynard to apologize for the “failed and groundless attack” on councillor McCubbin.
Maynard stated in his counterclaim that Edwards’ post was “maliciously false, defamatory and calculated to cause serious harm to Mr. Maynard’s reputation.”
Justice Bell disagreed with Maynard’s assertion, calling Edwards’ post “fair comment.”
The judge also dismissed further allegations that Edwards had inflicted mental suffering on Maynard because the councillor declined to respond to several emails Maynard sent him.
“Mr. Edwards’ failure to reply (to the emails) does not, in my view, constitute evidence of malice or wrongful conduct,” the judge wrote.
ahelmer@postmedia.com
Twitter.com/helmera
查看原文...
The decision, rendered June 8 in Ottawa by Justice R. Ryan Bell, follows the dismissal of a related defamation lawsuit brought by town councillor John Edwards and Mayor Shaun McLaughlin against Steve Maynard.
The Lanark County resident responded to the suit with a counterclaim alleging, among other things, the “intentional or negligent infliction of mental suffering.”
The June decision dismissed the claim against Edwards, though a similar claim made by Maynard against the mayor has not yet been resolved.
Maynard declined comment on the judge’s decision when reached Thursday, but said he intends to pursue the remaining claim against McLaughlin.
“If Mr. Maynard decides to persist in pursuing it, we will continue to defend it vigorously and will seek costs if successful,” said lawyer Jonathan Collings, who represents both Edwards and McLaughlin in the case.
McLaughlin and Edwards filed a defamation lawsuit against Maynard in July 2017, citing a series of seven postings on Maynard’s Facebook page that were critical of the mayor and council. In one, he called Edwards an “opportunistic liar” over the proposed redevelopment of parkland that had been dedicated to Don Maynard, a beloved Almonte resident and Steve Maynard’s late father.
Maynard was born in Mississippi Mills but now resides in a neighbouring municipality, though as the court decision noted, he has remained an outspoken critic of Mississippi Mills council.
Earlier in 2017, Maynard filed an application against another town councillor, Jill McCubbin, alleging she was “ineligible” to sit on council because she had been an employee of the local library board at the time of her election to council in 2014.
Maynard withdrew that application, “not as a result of the merits of the case but due to threats to his personal safety,” according to court filings.
The judge in that decision ordered Maynard to pay the costs associated with court proceedings, saying Maynard had caused the town to hire counsel to defend a “vexatious and no merit application.”
The defamation suit McLaughlin and Edwards then brought against Maynard was dismissed in November by Justice Patrick Hurley, who cited in part Maynard’s right to freedom of expression.
Maynard filed a counterclaim alleging he had been defamed by statements and commentary posted by Edwards and McLaughlin to social media, on McLaughlin’s “Shaun For Mayor” website and in the comments section of local online newspaper The Millstone.
In his affidavit, Maynard claimed he had received anonymous threats as a result of some of those posts.
“I am clearly being stalked, I believe as a result of your posts and the people you incited,” Maynard said in a message sent to McLaughlin. The mayor did not respond to Maynard.
Maynard’s main allegation against Edwards related to a comment the councillor posted on The Millstone, calling on Maynard to apologize for the “failed and groundless attack” on councillor McCubbin.
Maynard stated in his counterclaim that Edwards’ post was “maliciously false, defamatory and calculated to cause serious harm to Mr. Maynard’s reputation.”
Justice Bell disagreed with Maynard’s assertion, calling Edwards’ post “fair comment.”
The judge also dismissed further allegations that Edwards had inflicted mental suffering on Maynard because the councillor declined to respond to several emails Maynard sent him.
“Mr. Edwards’ failure to reply (to the emails) does not, in my view, constitute evidence of malice or wrongful conduct,” the judge wrote.
ahelmer@postmedia.com
Twitter.com/helmera
查看原文...
