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Ont. dog owner fined $14,000 for online breeder bashing



By Cheryl Cornacchia, Montreal Gazette July 27, 2009


MONTREAL — An Ontario woman has been fined $14,000 after being found guilty of libelling a commercial dog breeder online.

Ontario Superior Court Judge Michael Galligan heard last week that Lorie Gordon of Brockville, Ont., made the comments about the poor health of her black Labrador retrievers on an Internet pet forum.

The judge ordered Gordon to pay $10,000 in damages and $4,000 in court costs to James, Charlene and Nicole Labombard, the owners of the Shawville, Que.-based Paws R Us Kennel.

Galligan ruled the comments Gordon posted online between July 2004 and April 2005 at www.pets.ca and another popular pet websites were defamatory.

But Gordon said on Monday she will appeal the decision with the help of donations from animal-rights advocates.

"I wrote they had sick dogs, which is true," she said.

Luc Barrick, the Ottawa lawyer representing the Labombards, said Gordon and several other witnesses, including representatives from Montreal's SPCA, attempted to portray Paws R Us as a puppy mill.

"They are trying to say a commercial breeder is a puppy mill and they are not," Barrick said. "There are puppy mills out there but my client is not one of them."

Alanna Devine, director of animal welfare at the Montreal SPCA, said she was disappointed that the judge ruled against Gordon.

Hundreds of puppy mills exist across Quebec and limited legislation makes it difficult for inspectors to shut down the operations, she said.

Marko Kulik, one of the owners of the Montreal-based website www.pets.ca where Gordon posted the online comments, said he was shocked by the decision.

"I feel bad for her," said Kulik. "I don't know if she was right or wrong but all she wanted to do was to prevent others from having the same experience."

Gordon's posts about the two dogs she got from Paws R Us — a black Labrador retriever that had to be put down because of severe hip dysplasia and a replacement dog that was diagnosed with epilepsy — generated hundreds of comments on www.pets.ca before they were removed, he said.

Last week's decision was one of the first to rule on Internet defamation.

In Quebec, a superior court judge ruled earlier this month that officials in the Montreal-area town of Rawdon were right to shut down a website to stop anonymous users from posting derogatory online comments about the mayor and police chief.

In the Ontario case, Galligan wrote Gordon's online comments were more damaging because "the Internet is instantaneous, seamless, interactive, blunt, borderless and far-reaching."

The "impersonal, and the anonymous nature of such communications may itself create a greater risk that the defamatory remarks are believed," Galligan said.

© Copyright (c) Canwest News Service

It would be interesting to see what the poster said in her online postings and how she said it. However, very interesting case ruling. I hope her decision when she appeals makes the news as well, as I would be interested to see how it turns out.

I would really like to know the standard of law Canadian jurists have to apply. It might make a huge difference WHERE you are and where the breeder is located.

In Canada, a teenager can complain to child protective services if their parents force them to do the dishes, keep their rooms clean and get good grades........ and guess what? The service will set them up with an apartment rent free........to get away from their abusive parents.

In Canada, you can go to jail if you say or write anything that offends someone else......even if it is documented history.  An author wrote a book and included a time line and historical fact about Islamic wars.....he has been defending himself for years and its still up in the air as to if he will serve time or not.



Its not whether or not something is true or not that counts, its whether its offensive or not........very, very demented country.

In Canada they put vinegar on their fries.

LOL, as well as the people Sita's mom.    but after reading about your innoculations, I'm  glad I live here! 

 I am familiar with Paw R Us kennels as they advertise alot.  If what she said was the truth, I don't see how they have a case?

Canada does not have a first ammendment. and the truth is not a defense against defamation.

The only thing that has to be proven is that damage has been done.

Canada is also introducing many elements of Sharia into their family law courts.   They give asylum to Jihadis who claim they will be persecuted at home for their Jihadi/terrorist actions and beliefs.

Canada is a wonderful place but more confused than we are.

Michele

I luvvvvvvvvv Vinegar on Fries -- Boardwalk Fries !!!!!!!!!

I do too.  It's better than mayo.