Burke Sues for Defamation

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Re: Burke Sues for Defamation

Postby Arachnid » Sun Apr 28, 2013 2:03 pm

Hockey Widow wrote:If someone has homeowner's or tenant's insurance they have liability coverage. Liability insurance covers for defamation. They will pay for the legal fees and any award for damages. They will not pay for punitive or aggravated damages. If any of the posters are kids then their parents policies, should they have then, will also rise to the occasion. Since our friend can no longer talk about this publicly I will say I have heard through my sources that he has insurance.

As to keeping this thread open I have no problem with that if we keep it respectful. I think it is a good place to have a voice and share frustrations and discuss the case as it progresses. For all of us on any forum or social media it has an impact on future conduct.

I too have a hard time trying to imagine what type of damages Burke could possible have suffered to his reputation. It is however enough to prove that some damage was caused to trigger an award for punitive damages. And that is exactly what I think this is about. He wants to publicly expose people and then punish them financially and make an example out of them. He has said all money will go to charity so this is not about his financial gains as he will have hefty legal fees. You never recover all of your legal fees, only partial.


I think he has found a cause and he is intent on sticking with it. There may have been some posters that were very malicious and wanted to spread lies and poke fun of him. But as usual in things like this the most guilty will walk away unharmed and the innocent ones get caught up in the hype of it all. I too support our guy. These actions seem very bullying to me. If you have a reputation as a bully, if you act like a bully, sooner or later people will believe you are a bully.


Good to know HW and I know you support them. The mods and Brian CC are keeping a close eye on this as it affects all of us.
No matter how we feel about hockey, our team and each other, we are a community and all of us, fans of the game.

I can only imagine how the rumour affected BB. I don't think it was a personal attack but cheap speculative joke taken too far.
But the reality is there are others involved here. Parters, kids, professional and personal reputations, etc. so it should not be taken lightly. I certainly don't when it involves children.

It will probably settle out as it should when all is said and done and with everyone copacetic.
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Re: Burke Sues for Defamation

Postby Zamboni Driver » Sun Apr 28, 2013 5:09 pm

Vpete wrote:
I'd get a lawyer.

Then I would counter sue. By nature your online image has been harmed. Burke could have erroneously accused you and now you are a outcast.

Burke has to prove what you did harmed him in ways that are believable. It's a tough road..


You'd morgage your house to pay the legal fees & costs then would you? :roll:
I'd be more inclined to have a lawyer see if they could work something out, especially as the deleted post didn't claim that it was fact, just asking if we had seen the rumor.

Apparently in Canada you don't have to prove harm, seems we have some rather draconian laws.
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Re: Burke Sues for Defamation

Postby Hockey Widow » Sun Apr 28, 2013 5:22 pm

Well it has to be;

false
And
Intentional or careless disregard for the truth.

Is see neither intentional or careless disregard for the truth here in the case of our friend.

If you can prove you were defamed then yes, damages are assumed. But the point is how much in damages?
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Re: Burke Sues for Defamation

Postby the Dogsalmon » Sun Apr 28, 2013 5:55 pm

Hockey Widow wrote:Well it has to be;

false
And
Intentional or careless disregard for the truth.

Is see neither intentional or careless disregard for the truth here in the case of our friend.

If you can prove you were defamed then yes, damages are assumed. But the point is how much in damages?




its tough to put a dollar figure on hurt feelings...
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Re: Burke Sues for Defamation

Postby Topper » Sun Apr 28, 2013 6:08 pm

Statement of Claim ........ supposedly,
http://nbcprohockeytalk.files.wordpress.com/2013/04/138175829-notice-of-civil-claim-2013-04-26.pdf

I found the link here https://twitter.com/EricOnSportsLaw

I find it interesting that it never appeared on any of the official team bulletin boards or if it did, Burke chose not to pursue those posters.
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Re: Burke Sues for Defamation

Postby Zamboni Driver » Sun Apr 28, 2013 6:13 pm

Hockey Widow wrote:Well it has to be;

false
And
Intentional or careless disregard for the truth.

Is see neither intentional or careless disregard for the truth here in the case of our friend.

If you can prove you were defamed then yes, damages are assumed. But the point is how much in damages?


And it seems to be reverse onus, ie the defendant would have to prove that it was a true statement, the plaintiff isn't required to prove that it is false.
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Re: Burke Sues for Defamation

Postby Potatoe1 » Sun Apr 28, 2013 6:22 pm

Zamboni Driver wrote:And it seems to be reverse onus, ie the defendant would have to prove that it was a true statement, the plaintiff isn't required to prove that it is false.



The case against Aaron is a total joke and everyone knows it.

The problem is he may be forced to defend himself and that can be expensive.

Hopefully there is a lawyer around these parts who has some interest and is ok donating some time. Otherwise Aaron might have to dig a little deep.

Super douchy move by Burke, why does he even care??
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Re: Burke Sues for Defamation

Postby Reefer2 » Sun Apr 28, 2013 6:41 pm

I would see this case taken on by a lawyer for free to get all the publicity that comes with it. Plus it will set a precedent for future cases like this. I wonder if this would be class action lawsuit where all the defendants are put together?
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Re: Burke Sues for Defamation

Postby Vader » Sun Apr 28, 2013 7:27 pm

I'm no lawyer (we need Wetcoaster for that :roll: ), but it's pretty standard to name anyone and everyone in a suit and then let the courts decide how the damages get allocated, if at all. So unless Aaron started the rumour, I wouldn't worry much if I were him. I suspect a quick trip to a lawyer for a free consultation would confirm that

Now that all being said, I seriously wonder what Burke is thinking by doing this? I get the reputation thing...but alienating fans of the game is no way to get back in the NHL in a meaningful executive position.
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Re: Burke Sues for Defamation

Postby BingoTough » Mon Apr 29, 2013 5:47 am

Potatoe1 wrote:Hopefully there is a lawyer around these parts who has some interest and is ok donating some time. Otherwise Aaron might have to dig a little deep.
Super douchy move by Burke, why does he even care??


Gillis is a lawyer isn't he?
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Re: Burke Sues for Defamation

Postby Lancer » Mon Apr 29, 2013 8:16 am

I'm no lawyer, but have dealt with enough instances of 'fair comment' to understand that it's as much how you say it as it is what you say. If someone is asking whether a rumour or not is true, that - to me - is fair comment. It's different from just making the allegation or going "...oh did you here about this one?"

Agree that we have to be quite careful regarding information of a personal nature and accountable for what we write. Is it fair to discuss stuff that happens off the ice? The line I draw is whether the matter at hand has a tangible effect on what happens on the ice. Guys in the locker room screwing each other's wives has proven to degrade the on-ice performance. Even so, you risk tap-dancing in a minefield discussing it.

This is - to me - is a case of a bully of a lawyer (whose indignant and ruthless subsequent actions raise questions about veracity of claims) with nothing better to do now that he's practically out of a job and engaging in a malice all his own. There's taking a stand (which I would support), and then there's this.
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Re: Burke Sues for Defamation

Postby Hockey Widow » Mon Apr 29, 2013 9:01 am

Lancer wrote:I'm no lawyer, but have dealt with enough instances of 'fair comment' to understand that it's as much how you say it as it is what you say. If someone is asking whether a rumour or not is true, that - to me - is fair comment. It's different from just making the allegation or going "...oh did you here about this one?"

Agree that we have to be quite careful regarding information of a personal nature and accountable for what we write. Is it fair to discuss stuff that happens off the ice? The line I draw is whether the matter at hand has a tangible effect on what happens on the ice. Guys in the locker room screwing each other's wives has proven to degrade the on-ice performance. Even so, you risk tap-dancing in a minefield discussing it.

This is - to me - is a case of a bully of a lawyer (whose indignant and ruthless subsequent actions raise questions about veracity of claims) with nothing better to do now that he's practically out of a job and engaging in a malice all his own. There's taking a stand (which I would support), and then there's this.



Well, the other more obvious line is whether what we discuss is true or not. If its true then it is an absolute defence to defamation.

They key to me here for our friend was whether he showed careless disregard for the truth and I don't think he did as you pointed out he was trying to seek the truth not engage in malicious gossip.
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Re: Burke Sues for Defamation

Postby herb » Mon Apr 29, 2013 9:18 am

Wow, how absurd is this?

I remember reading Aaron's copy and paste job a few months ago, and thought that the accusations sounded totally unfounded and ridiculous.

Totally absurd that Aaron is being thrown in with those who created and initially spread these defamatory comments.
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Re: Burke Sues for Defamation

Postby Hockey Widow » Mon Apr 29, 2013 9:31 am

herb wrote:Wow, how absurd is this?

I remember reading Aaron's copy and paste job a few months ago, and thought that the accusations sounded totally unfounded and ridiculous.

Totally absurd that Aaron is being thrown in with those who created and initially spread these defamatory comments.



See thats just it. I don't remember his post. I remember reading it somewhere else, a Toronto web site but for the life of me I cannot remember which one. I read it as a joke it was so over the top. I just don't remember reading it here.
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Re: Burke Sues for Defamation

Postby Arachnid » Mon Apr 29, 2013 4:29 pm

First sports site to comment on the law suit.

http://www.sportsnet.ca/magazine/steve- ... ne-haters/

Again, they think these people originated the rumour and hate Brian Burke. Maybe one of the 18 did start it and passionately can't stand him. I think we all agree they should be punished but why cast the net so wide?
Maybe it will turn out to be a 12 year old in a Calgary basement. Have they not done their homework?
If the point is to expose anonymous trash and trolls I get it but if they are coming after us for discussions then that's too much like Big Brother. I like talking crap sometimes but at the end of the day we just bag it and throw it out.
Maybe we make it private instead of public? :|
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