Superior Court Justice Cas Herold has issued an injunction against Guelph blogger Bill Manderson, saying the 73-year-old went too far with certain commentary about Wellington County officials.
Herold stressed that public figures deserve scrutiny, but watchdogs or whistle blowers do not have carte blanche.
“The danger, of course, is the potential for the watchdogs to very frequently find it either helpful or necessary, or both, to engage in flights of fantasy,” Herold said on Feb. 6.
“Mr. Manderson, in this case, has crossed the line.”
The judge was referring to statements made by Manderson about county councillor Brad Whitcombe and chief administrative officer Scott Wilson in over 150 letters and on his website smelly-welly.com.
Whitcombe and Wilson have launched a $2.4-million libel lawsuit against Manderson, who argued last week that forcing the removal of material from his website would be equivalent to a guilty verdict in the libel case.
Herold disagreed and ignored Manderson’s request for an adjournment. In his decision to grant the interlocutory injunction, Herold told the court he is doing so without declaring the comments are illegal.
However, in referencing a “particularly disturbing” poem, Herold said Manderson’s comments “clearly invite anyone to conclude, without much thought about it, ‘where there’s smoke there’s fire’ … There’s an invitation to conclude that Bradford Whitcombe and Scott Wilson are criminals.”
Herold ruled Manderson must “forthwith” remove from print or online publications:
– any reference to Whitcombe and Wilson as criminals or quasi-criminals;
– comparisons between the county officials and Nazis;
– statements suggesting Whitcombe and Wilson are mentally ill or psychologically impaired; and
– references to the two men as cheats, liars, fraudsters or other similar names.
Herold ordered Manderson to take “all reasonable steps” to ensure he does not offend the above stipulations.
Chris Wayland, representing Whitcombe and Wilson, also unsuccessfully requested Manderson be forced to remove statements indicating the county officials are part of a “clique” of Freemasons on council, as well as references to the “grim reaper.”
“I don’t see a threat of violence there, I see a threat to bring in a broom and sweep the house,” Herold said of the grim reaper comments. He also told Wayland there is nothing wrong with Manderson accusing his clients of being in a clique of Freemasons on county council.
When Manderson addressed the judge, he said he had the best of intentions when he wrote comments on his website or in letters.
“I do not believe I’ve broken the law and I certainly don’t have a record of breaking the law,” Manderson said.
Herold replied, “The problem is your intent is but a minor cog in the big wheel.” He explained statements can be classed as defamatory if “a reasonable person” believes they are damaging to the reputation of those involved.
Manderson did acknowledge his comments could cause immediate “irreparable damage” to the reputations of Whitcombe and Wilson, but he told the court everything he said is true.
“This is a culmination of nine years of work,” Manderson said. “This is about justice.”
Wayland cited previous cases of libel, including several involving material printed on the Internet. He said it is hard to tell how many people have read content on Manderson’s website and he hinted the number has likely increased since the case was first covered in media stories late last month.
Herold replied he has no real sympathy for either Whitcombe or Wilson just because the case is now in the public eye.
“They’ve now sewn what they’ve reaped,” the judge said of the county officials.
Manderson said his website has received 6,900 hits within the last three or four weeks, while prior to the case going public, visitors numbered just 2,900.
Herold then issued a warning to reporters that any media outlet reporting on the case could also be the subject of a libel lawsuit if good judgment is not observed.
He also noted that if Manderson cannot afford a lawyer he may have to find someone to take the case on a pro bono basis. With help from Wayland, Herold suggested Manderson approach Alan Borovoy, general counsel of the Canadian Civil Liberties Association.
“In the meantime … I agree some temporary measures should be implemented,” Herold said. “I’m merely trying to plug the dyke.”
