Wednesday 3 April 2024

Pain & Suffering In A Condo Environment

The article was removed due to a "Cease-And-Desist" order received from the Board's lawyer.The following key points were stated in the letter:

You must immediately and permanently cease-and-desist from making false allegations against
[The Management Company] and the Board. You must immediately and permanently remove any harassing or defamatory content that you have published on your Blog, and you must permanently refrain from publishing any other harassing or defamatory content on your Blog or any other public forum about [The Management Company] or the Board.

If you fail to comply with the above demands and/or there are further violations of the Act or the
governing documents by you, the Corporation will commence legal proceedings against you without any further notice. If such legal proceedings are commenced, the Corporation will seek all of its legal costs on a full indemnity basis against you and/or add such litigation costs to your Unit’s common expenses which will be recoverable by way of condominium lien if necessary. In our experience, such costs could amount to several tens of thousands of dollars.

You are liable for all of the Corporation’s legal costs incurred to date in this enforcement matter against you for your unlawful harassment. If you fail to comply with the demands set out above and/or there are further violations of the Act or the governing documents by you, the Corporation may charge back your Unit for its legal costs incurred in this enforcement matter. The Corporation’s legal costs in this enforcement matter are $904.00 ($800 + HST) to date, but this amount is only as of the date of this letter and is therefore subject to change in the future.

To the objection I made that my article does not identify a person or any party by name, address, etc...the Corporation’s lawyer emailed on April 05/24 the following reply:

“...Your blog does not need to explicitly name the Management or the Board to defame them; if a reader can surmise from your blog who they are, then you could be held liable for defamation nonetheless.

We trust that you will immediately and permanently remove the harassing and defamatory content from your blog, and that you will refrain from further harassment and/or defamation.”

The lawyer of the Corporation does not consider the move made by The Board to pursue the “Cease-And-Desist” warning a SLAPP legal maneuver. For more details about SLAPP (Strategic Lawsuits Against Public Participation) use the following link:

https://en.wikipedia.org/wiki/Strategic_lawsuit_against_public_participation 

n.b.
Anonymous comments will not be published. A name and an email address must be provided.
If you suspect that your views are resting on shaky grounds, and fail to comply with basic rules of logical reasoning, do not make any comments.

 

TOP 25 QUOTES BY SALMAN RUSHDIE (of 638) | A-Z Quotes



 




















 

 





No comments:

Post a Comment

A moderator will review your comments to ensure that you are not vulnerable to a defamation lawsuit.