Burke Sues for Defamation

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Re: Burke Sues for Defamation

Postby Topper » Tue Apr 30, 2013 1:53 pm

Hockey Widow wrote:Isn't it amazing that the Toronto Star can now spell out in some detail the exact nature of the rumour for the whole world to see and read about and because there is a Statement of Claim out there the comments are considered fair comment. Which means I guess people everywhere can now openly discuss these rumours that allege such horrible things? It's no longer defamation to print them and write about then and their contents as longs as you quote from the Statement of Claim. If you didn't know about this before you sure will now.

It is now printed in an openly accessible official public document, and looks just as silly as the first time I read it.

I'm sure there are snap shot taken all the time.
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Re: Burke Sues for Defamation

Postby Rumsfeld » Tue Apr 30, 2013 1:54 pm

Hazel done got thick.
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Re: Burke Sues for Defamation

Postby BingoTough » Tue Apr 30, 2013 2:05 pm

Cornuck wrote:Keep in mind too, that this thread would likely be read by Burke's attorneys at some point.


Hey Brian, love your work. Next time you're in Vancouver as a GM can you score me some tickets!
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Re: Burke Sues for Defamation

Postby Vader » Tue Apr 30, 2013 9:21 pm

Arachnid wrote:So what is the intent of this rumour? To tarnish BBs reputation? To find out why he got fired?


The visual in my head of Burke shagging Hazel Mae should give me grounds to sue for mental distress
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Re: Burke Sues for Defamation

Postby Robert » Tue Apr 30, 2013 9:51 pm

Who the fk is hazel mae?
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Re: Burke Sues for Defamation

Postby Brian CC » Tue Apr 30, 2013 10:13 pm

Hey everyone,

First let me say I am sorry that Aaron has been implicated in this. From what I understand (only what I have read on the suit) Burke is simply looking to make a point here, and an apology will be enough to get you off the hook.

I was put in a difficult position. I was told to remove the content and provide the e-mail address of the poster or be named in the suit myself. I could have taken the stand of free speech etc., but as I said at the time, I have always prided myself on the fact this site didn't support personal attacks on players, coaches, or anyone for that matter. I felt that the post, no matter how ludicrous it sounded, did cross that line. I had no idea it was on the site until I read the letter.

Aaron is a great poster here, and I hope this all goes away without any harm to him in any way. I appreciate his attitude towards this and regret that he has to go through this.

Thanks to all of you for understanding my position, and I encourage your continued support of Aaron as he goes through this.

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Re: Burke Sues for Defamation

Postby Arachnid » Tue Apr 30, 2013 10:18 pm

Brian CC wrote:Hey everyone,

First let me say I am sorry that Aaron has been implicated in this. From what I understand (only what I have read on the suit) Burke is simply looking to make a point here, and an apology will be enough to get you off the hook.

I was put in a difficult position. I was told to remove the content and provide the e-mail address of the poster or be named in the suit myself. I could have taken the stand of free speech etc., but as I said at the time, I have always prided myself on the fact this site didn't support personal attacks on players, coaches, or anyone for that matter. I felt that the post, no matter how ludicrous it sounded, did cross that line. I had know idea it was on the site until I read the letter.

Aaron is a great poster here, and I hope this all goes away without any harm to him in any way. I appreciate his attitude towards this and regret that he has to go through this.

Thanks to all of you for understanding my position, and I encourage your continued support of Aaron as he goes through this.

Brian


Fair enough Brian.

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Re: Burke Sues for Defamation

Postby Hockey Widow » Tue Apr 30, 2013 11:59 pm

Brian I think you did the right thing. This board is a privilege that you allow us to be members of and protecting it and yourself had to be your first choice. It's a lesson for all of us. It sure sounds like Burke wants to prove a point and take a stand. No one can really fault him for that. Whether we agree or disagree with his approach it is his right to pursue this in a way he feels he needs to.

As for Aaron, we all know he is not a malicious type or a troll and certainly not one you would expect to be caught up in this. Hopefully Burke and his lawyers will see he is not the person you need or want to make an example out of. Coming after him will do nothing to stop the real trolls.

Its like getting a guy who illegally downloaded 10 songs when the guys who downloaded thousands get off without a scratch.

I think what I find disturbing is that Burke and his lawyers don't seem to care if they harm someone like Aaron all the while trying to persuade people that his reputation has been harmed. It's the bluster and gall that gets me. Harmed? Really? Angry sure, but harmed by this.

I don't think Burke is fair game either simply because he is in the public eye. Being in the public eye doesn't mean you give up your rights to privacy and your right not to be defamed. I get that. But the punishment has to fit the crime and here I just don't see where the harm has been. I dunno, I guess as this moves forward we will hear exactly how Mr. Burke feels his reputation has been harmed.

Certainly those that frequent this board already know enough about Burke and I doubt anyone here that may have read it here felt anything more or less about the man. But again I don't remember reading it here but I do trust Aaron's explanation.
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Re: Burke Sues for Defamation

Postby ukcanuck » Wed May 01, 2013 12:20 am

Hockey Widow wrote:Brian I think you did the right thing. This board is a privilege that you allow us to be members of and protecting it and yourself had to be your first choice. It's a lesson for all of us. It sure sounds like Burke wants to prove a point and take a stand. No one can really fault him for that. Whether we agree or disagree with his approach it is his right to pursue this in a way he feels he needs to.

As for Aaron, we all know he is not a malicious type or a troll and certainly not one you would expect to be caught up in this. Hopefully Burke and his lawyers will see he is not the person you need or want to make an example out of. Coming after him will do nothing to stop the real trolls.

Its like getting a guy who illegally downloaded 10 songs when the guys who downloaded thousands get off without a scratch.

I think what I find disturbing is that Burke and his lawyers don't seem to care if they harm someone like Aaron all the while trying to persuade people that his reputation has been harmed. It's the bluster and gall that gets me. Harmed? Really? Angry sure, but harmed by this.

I don't think Burke is fair game either simply because he is in the public eye. Being in the public eye doesn't mean you give up your rights to privacy and your right not to be defamed. I get that. But the punishment has to fit the crime and here I just don't see where the harm has been. I dunno, I guess as this moves forward we will hear exactly how Mr. Burke feels his reputation has been harmed.

Certainly those that frequent this board already know enough about Burke and I doubt anyone here that may have read it here felt anything more or less about the man. But again I don't remember reading it here but I do trust Aaron's explanation.


Sorry got to disagree with you on the public thing, choosing a high profile career that depends on notoriety, intentionally puts yourself in the line of fire:

The following is not Canadian law but it illustrates the idea that makes me feel no sympathy for Mr Burke and his decision to tilt at this windmill absolutely reeks of an extremely fat fucking head.

If your reading this Mr Burke your crusade against hockey fans discussing why you were fired so surprisingly is probably exactly the kind of thing that MLSE meant when they said not a corporate fit...

Where the plaintiff in a defamation action is a private citizen who is not in the public eye, the law extends a lesser degree of constitutional protection to defamatory statements. Public figures voluntarily place themselves in a position that invites close scrutiny, whereas private citizens who have not entered public life do not relinquish their interest in protecting their reputation. In addition, public figures have greater access to the means to publicly counteract false statements about them. For these reasons, a private citizen's reputation and privacy interests tend to outweigh free speech considerations and deserve greater protection from the courts. (See Gertz v. Robert Welch, Inc., 418 U.S. 323, 94 S. Ct. 2997, 41 L. Ed. 2d 789 [1974]).

Distinguishing between public and private figures for the purposes of defamation law is sometimes difficult. For an individual to be considered a public figure in all situations, the person's name must be so familiar as to be a household word—for example, Michael Jordan. Because most people do not fit into that category of notoriety, the Court recognized the limited-purpose public figure, who is voluntarily injected into a public controversy and becomes a public figure for a limited range of issues. Limited-purpose public figures, like public figures, have at least temporary access to the means to counteract false statements about them. They also voluntarily place themselves in the public eye and consequently relinquish some of their privacy rights. For these reasons, false statements about limited-purpose public figures that relate to the public controversies in which those figures are involved are not considered defamatory unless they meet the actual-malice test set forth in Sullivan..
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Re: Burke Sues for Defamation

Postby Hockey Widow » Wed May 01, 2013 12:47 am

I am glad you indicated it wasn't Canadian law :mrgreen:

US law and Canadian law differ and with respect to free speech issues US law allows more latitude. While I do agree that being in the public eye makes you more of a target there are still lines that should not be crossed.

What I find really interesting on this is why did Burke choose BC as his forum? This all started out of Ontario, long before he was fired the Toronto Sun was writing stories with strong innuendoes about his personal life. The BB where this rumour stared was in Ontario and I would venture that there is a greater number of people in that forum than BC. Just ask HNIC. :mrgreen: Simmons, I believe is his name, for the Toronto Sun, wrote a scathing article after Burke was fired strongly suggesting that the reasons he was fired were personal. I won't quote it or link to it but I do find it interesting that Burke chose not to take on the Toronto Sun or file this in Ontario. What is his reason for coming to BC and doing it here. I will be interested to see if Aaron is the only BC resident out of all of these people.
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Re: Burke Sues for Defamation

Postby Tiger » Wed May 01, 2013 1:03 am

OK, I agree every citizen.. small potatoes like UK canuck or high profile like Burke have the right to protect themselves
from malicious slander. We are all equal under Canadian law.. I assume Aaron18 will not end up being a legal plaintiff as he was asking a question about a rumour.. Not putting forward an opinion that the rumour was true..
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Re: Burke Sues for Defamation

Postby Hockey Widow » Wed May 01, 2013 2:29 am

Tiger wrote:OK, I agree every citizen.. small potatoes like UK canuck or high profile like Burke have the right to protect themselves
from malicious slander. We are all equal under Canadian law.. I assume Aaron18 will not end up being a legal plaintiff as he was asking a question about a rumour.. Not putting forward an opinion that the rumour was true..



He is a defendant, not to pick on you, just clarifying. Anyone can sue anyone for any reason. The courts job is to make a decision.

But you know it takes a lot of testicular fortitude to take on someone as mighty as Aaron (no offence to Aaron) in a legal forum that the rest of Canada doesn't give a rats ass about. Were is the courage in that. Were is the honour in that. Take it to Ontario, to the country's largest media centre and take on the mainstream publications that have been spreading this stuff for over a year. Why come to lowly BC? Is it because our courts are more liberal? Is it because you think it may escape the eye of the mighty Ontario media? Is it because you still collect a salary from a media enterprise?

You wanna make a point, establish precedent, call someone to task? Why not do it where the world will care? The centre of the hockey universe right?
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Re: Burke Sues for Defamation

Postby Tiger » Wed May 01, 2013 2:33 am

Thanks HW.. saves me an edit :)
Maybe I should post when awake?
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Re: Burke Sues for Defamation

Postby Topper » Wed May 01, 2013 6:17 am

Over the Internet, you can pretend to be anyone or anything.

I'm amazed that so many people choose to be complete twats.
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Re: Burke Sues for Defamation

Postby ukcanuck » Wed May 01, 2013 9:24 am

Hockey Widow wrote:I am glad you indicated it wasn't Canadian law :mrgreen:

US law and Canadian law differ and with respect to free speech issues US law allows more latitude. While I do agree that being in the public eye makes you more of a target there are still lines that should not be crossed.

What I find really interesting on this is why did Burke choose BC as his forum? This all started out of Ontario, long before he was fired the Toronto Sun was writing stories with strong innuendoes about his personal life. The BB where this rumour stared was in Ontario and I would venture that there is a greater number of people in that forum than BC. Just ask HNIC. :mrgreen: Simmons, I believe is his name, for the Toronto Sun, wrote a scathing article after Burke was fired strongly suggesting that the reasons he was fired were personal. I won't quote it or link to it but I do find it interesting that Burke chose not to take on the Toronto Sun or file this in Ontario. What is his reason for coming to BC and doing it here. I will be interested to see if Aaron is the only BC resident out of all of these people.

Okay here's where freedom of speech comes into play, you won't link or name a published article dealing with this very topic...
Why? Are you afraid? Don't want to pile on, what?
We all know,as we did the moment we read the original offending post, the rumour is, was, and always will be bullshit in the first place.
Now because Burke has a hissy fit, makes wee wee and has the money to engage lawyers in an ego feeding orgy to right all the wrongs on the Internet and to shut us all up as the great unwashed that we are?


Bullshit I say! Send me the link by PM and I will post it and CC Brian and the mods can wrestle with their idealism ...
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