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Cover photo: seb_ra
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Hi All,
If you or anyone you know blogs this press release about a court decision may be of interest. The plaintiffs operate small resorts in Nova Scotia, Costa Rica and Spain. They are from New Orleans. One of them was part of the case against the tobacco industry. So they know the law. And this may be a shock to a lot of bloggers who think they have a god-given or constitutional right to say whatever they want about anyone and anything.
Allan
Largest defamation damage award in Nova Scotia history a victory & vindication for a small hotel & its proprietors
February 1, 2011—for immediate release
East Kemptville, NS Trout Point Lodge and its Managing Directors Charles Leary & Vaughn Perret announce that today Justice Suzanne Hood of the Nova Scotia Supreme Court awarded monetary damages and injunctions against Mississippi-based blogger Doug K. Handshoe for Internet-based defamation and related causes of action. The global award of $425,000 is the largest ever in Nova Scotia, the previous record being $300,000, and appears to be among the top 20 such damage awards in Canada since 1885.
Particularly significant is the granting of both mandatory and permanent injunctions against Handshoe, who continues on a more than 2-year campaign of defamation, including false accusations of numerous crimes as well as homophobic speech. In addition, the judge ordered not only general damages, but also aggravated and punitive damages. Punitive damages are “awarded in situations where the defendant's misconduct is so malicious, oppressive and high handed that it offends the court's sense of decency. They should only be awarded in those circumstances where the combined award of general and aggravated damages would be insufficient to achieve the goal of punishment and deterrence,” according to a past decision of the Supreme Court of Canada.
In a lengthy reasoned decision, which took over an hour and fifteen minutes for Justice Hood to read in open court at the Yarmouth, NS, Justice Centre, she condemned the use of anti-gay words and images in the defamation as well as the numerous false accusation of criminal conduct.
The plaintiffs do not know the defendant Handshoe, who is a Certified Public Accountant living in Bay St. Louis.
Perret and Leary were each awarded $100,000 in general damages, $50,000 each in aggravated damages, and $25,000 each in punitive damages. Trout Point Lodge received $75,000 in general damages. Under the law of defamation, corporations cannot receive aggravated damages because they do not have feelings. Justice Hood took into consideration, however, the excellent reputation that Trout Point Lodge had developed as tourism enterprise. The injunctions require the removal of all extant published material and forbids Handshoe from publishing about or referring to the plaintiffs in the future.
The plaintiffs now will seek to have the judgement enforced in the United States. Although the United States Securing the Protection of our Enduring and Established Constitutional Heritage or SPEECH Act will provide for an additional measure of scrutiny from U.S. Courts, the plaintiffs remain confident that Handshoe “would have been found liable for defamation by a domestic court applying the first amendment to the Constitution of the United States and the constitution and law of Mississippi,” which is the standard of the recent U.S. Federal legislation.
Did anyone ever get a response from Madelyn regarding payment for contributors? Inquiring minds want to know..
Can you help a fellow writer with a Valentine's Day question? (Hey, we're all romantics, or we wouldn't be in this biz.) http://www.tripatini.com/forum/topics/seeks-tips-for-valentine-s-da...
Madelyn:
Ditto the question about rates. I have a "sweet" story for you.
Madelyn:
I have something that may fit; what are your rates?
(keithkellett@ntlworld.com if you don't want to reply in open forum)
Madelyn -- Are you paying contributors these days?
Looking for chocolate stories for valentines day for www.chocolateatlas.com
Boxed chocolate, chocolate experiences like brunch, chocolate drinks, etc.
Deadline Jan 30
Stories will be coded as soon as sent, so please submit as soon as possible
send jpg and doc file
If you miss this deadline, we are always looking for stories, so please send whenever you have chocolate info
Thanks, Ed. Looks like that address is still valid. I will also touch base with Tartan Group.
Best,
Buzzy
Buzzy, Burston-Marsteller used to represent CR; not sure they still do. On my last trip to Costa Rica, I dealt only with Tartan Group, which represents some high-end ecolodges. I do have this contact information from a press release: visitcostaricapress@bm.com; 866.600.6806. Let us know who actually turns out to be the right person.
Hi all,
I'm headed to Costa Rica in March on assignment and plan on spending a couple of extra weeks there. Does anyone know a media relations person with CR Tourism, or a PR form that represents them?
Thanks and Happy New Year,
Buzzy
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