I'd like to make a correction to Zelda Wamzutta's article "Union Bay News Now Blog - UBID Defamation Court Case" with the following information:

The costs for the defamation case filed by UBID and other plaintiffs is far more than $20,000!

According to a response letter signed by UBID Chair Alan De Jersey dated April 1, 2011, the cost to Union Bay taxpayers has now skyrocketed to $68,224.89. (See attached for the Response as well as for the original Freedom of Information request which I made to UBID on February 23, 2011.)

This amount of $68,224.89 presumably does not include the last BC Supreme Court Hearing on March 28th in Vancouver nor any of the subsequent costs since February 23rd. And the case hasn't even gone to trial yet!

In a Comox Valley Record today, journalist Scott Stanfield quotes Jason Gratl, the lawyer for the defendant, as follows: "Municipal bodies such as UBID do not have the legal capacity or authority to sue in defamation one of their own ratepayers, even if she is harshly critical of conflict of interest and expenditures on extraneous purposes."

If UBID does not have the legal ability to sue over such a matter, it begs the question whether this is a frivolous lawsuit without any legal basis at the ratepayers' expense.

Also in question is why didn't the Plaintiffs just stop with the Consent Order to close down the "All Things Union Bay" blog? Instead they went ahead and filed a Civil Claim against Ms. Reynolds for damages as follows:

"Part 2: RELIEF SOUGHT
1. The Plaintiffs claims as follows:
a) An interim and permanent injunction directing the Defendant to cease and
desist the publication and display of any false and injurious
communications concerning the Plaintiffs including those posted and
maintained on the Defendant's website and on her motor vehicle and
prohibiting the Defendant from publishing any false and injurious
communications concerning the Plaintiffs;
b) An order directing the Defendant to prominently publish a retraction of all
of the false and injurious statements and images made about the Plaintiffs
since 2007 and continuing to the present time on her website known as
"All Things Union Bay" located at the internet address
http://allthinqsunionbav.biogspot.com ;
c) General damages;
d) Damages for negligent misstatement;
e) Damages for intentional infliction of mental anguish and emotional
distress;
f) Damages for economic harm;
g) Punitive and exemplary damages;
h) Special costs;
i) Interest pursuant to the Court Order Interest Act, R.S.B.C. 1996, C. 79 ;
and
j) Such further or other relief as to this Honorable Court seems just."*


*From Page 46-47 of the Notice of Civil Claim in the Supreme Court of British Columbia between Alan de Jersey, etc. and the Board of Trustees of the Union Bay Improvement District versus Mary Reynolds.

Note: The full text of the UBID Civil Claim against Ms. Reynolds can be found at the Union Bay News Now blog at http://unionbaynewsnow.blogspot.com/2011/03/notice-of-civil-claim.html or on the BC Supreme Court Registry - Vancouver, Case number S-107671.

I would imagine that the bulk of the $68,224.89 bill is for litigation for the Civil Claim and not for the Consent Order.

I thought that UBID's mandate was for water, fire protection and street lighting. Isn't litigation of this sort outside the realm of the responsibilities of the Union Bay Improvement District?

I feel it is outrageous that as a ratepayer I'm footing this bill.