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   can.legal      Debating Canuck legal system quirks      10,932 messages   

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   Message 9,745 of 10,932   
   Sario Grosven0r to All   
   Identification of William David Michael    
   02 Apr 13 11:22:01   
   
   XPost: ab.general, edm.general   
   From: fritz@spamexpire-201304.rodent.frell.theremailer.net   
      
   Identification of the Defendant   
      
   [12]      I did have some initial concerns as to the reliability   
   of the plaintiff’s identification of the defendant as the author   
   of the Postings and the Emails, notwithstanding the deemed   
   admission of the truth of the allegations by virtue of the   
   operation of the Rules, which arguably could be said to only   
   amount to deemed admissions by a defendant called William   
   Grosvenor, without there being an evidentiary link to establish   
   that the person who was served with the Statement of Claim was   
   the same person who was the author of the Postings and the   
   Emails.   
      
   [13]      My review of the evidence satisfies me, however, that   
   the plaintiff has proved the defendant to be the author of the   
   Postings and the Emails.  I accept the plaintiff’s analysis of   
   the issue of identification contained in paragraphs 11–18 of the   
   Affidavit, as supplemented by his evidence at trial.   
      
   [14]      The following evidence is particularly persuasive.  In   
   1996 by way of an Internet posting, a person who identified   
   himself as William Grosvenor called on “mature ladies” to   
   contact him at a certain address in Edmonton.  This was the same   
   address used to serve the Statement of Claim on the defendant   
   with the same name.  The defendant of the same name responded,   
   giving this same address in his Notice of Intent to Defend.  The   
   Emails began on January 16, 2008, which was the day after the   
   Statement of Claim had been served on the defendant.  The first   
   of the Emails repeated, in the same words, the invitation to   
   others to harm the plaintiff and the links to the plaintiff’s   
   former home address combined with an aerial photograph, as had   
   been contained in some of the previous Postings. The further   
   Emails have continued some of the same patterns exhibited by the   
   Postings in terms of their style, content and obsessions.   
      
   Summary of the Admitted Facts   
      
   [15]      The Postings by the defendant began, as far as the   
   plaintiff is aware, in the spring of 2006 and they continue to   
   be made at the present time.  The Postings have been published   
   throughout Canada and the world by way of Google website groups,   
   Mailgate website groups and NNTP2HTTO.com website groups.  The   
   plaintiff understands the servers for these website groups are   
   in California U.S.A, Italy and Germany respectively.   
      
   [16]      The First Posting from the defendant, as referred to   
   in the Statement of Claim, is dated August 25, 2006.  It   
   contains the following words (they are an excerpt only) that   
   were then posted on the Internet by the defendant at least 11   
   times:   
      
                                                   I mean, what   
   does Warman think?  That we’re just going to let him   
   imprison and harass and victimize people while we stand by and   
       smile?  Let him meet his just fate – execution at the hands   
   of a         people’s government.   
      
   [17]      The Second Posting from the defendant, as referred to   
   in the Statement of Claim, is dated September 7, 2006.  It   
   contains the following words (they are an excerpt only) that   
   were then posted on the Internet by the defendant at least 3   
   times:   
      
                           “Richard Warman Address – To Get   
   Protests – He Wants Lots of Visitors”   
      
                           Warman, Canadians don’t need government   
   babysitters to tell us what to think or what websites we should   
   read.  Stop your hate crimes against the Canadian people, we   
   don’t need Zionazis thought enforcement on the internet when you   
   bastards control most of the media.  You just create a backlash   
   that lets people see the Zionazis for what they really are –   
   actually, never mind, keep trying to suppress free speech so at   
   least Canadians can see you scumbags for what you are.   
      
                           We got an email today from a Canadian   
   comrade saying he is planning ARA-style protests outside of the   
   communist co-op that Richard Warman calls home.   
      
   [18]      The Third Posting from the defendant, as referred to   
   in the Statement of Claim, is dated October 3, 2006.  It   
   contains the same words referred to in the above excerpt as were   
   in the Second Posting.  The defendant then posted these words on   
   the Internet at least 18 times.   
      
   [19]      The Fourth Posting from the defendant, as referred to   
   in the Statement of Claim, is dated December 29, 2006.  It   
   contains the following words (they are an excerpt only) that   
   were then posted on the Internet by the defendant at least 14   
   times:   
      
                                                   “Richard Warman   
   Wants Lots of Visitors, Callers – Repost”   
      
                                                   You just create   
   a backlash that lets people see the Zionazis for what they   
   really are – actually, never mind, keep trying to suppress   
   free speech so at least Canadians can see you scumbags for what   
        you are.   
      
                           …protests outside of the communist co-op   
   that Richard Warman          calls home.   
      
   [20]      The Fifth Posting from the defendant, as referred to   
   in the Statement of Claim, is dated November 10, 2007.  It   
   contains the following words (they are an excerpt only) that   
   were then posted on the Internet by the defendant at least 6   
   times:   
      
                                                   “Canada Awake!   
   The Time To Cast Off Your Chains Is Now”   
      
                                                   A gay gook named   
   Fo Niemi recruited Jew hatemonger Richard            Warman for   
   that purpose.  These are not average Canadians – but   
   they are officials in your government.  And they are not out to   
          preserve your human rights, but to strip you of your   
   humanity.    There is no crime against white people that the   
   Canadian    government will not protect.   
      
                                                   In fact, the   
   Canadian government is organizing crime.  This same   
   Jew attorney, Richard Warman, hired a bus and organized the mob   
     that attacked Paul Fromm at his home.  He has been organizing   
        and financing vigilante mobs who attacks critics of Jewish   
   power            for years.  He is a gangster and an organized   
   crime figure – but he   is one acting under the protection of   
   the Jews.   
      
   [21]      The Sixth Posting from the defendant, as referred to   
   in the Statement of Claim, is dated September 22, 2007.  It   
   contains the following words (they are an excerpt only) that   
   were then posted on the Internet by the defendant at least once:   
      
                                                   “Faggoty-looking   
   lawyer crusades AGAINST free speech”   
      
                                                   To find out more   
   about this communist, scumbag menace to free   expression, just   
      
   [continued in next message]   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)   

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