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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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