This ponderous but scrupulously fair judgment is a great step forward for Steven in this never-ending litigation. Anti-SLAPP legislation is important, but in this case it was misused. For those unable to work their way through the entire judgment, appendices A to J provide an easy shortcut.
Well put! anti-SLAPP legislation is crucial, particularly when it involves corps vs people, so it’s a shame to see it fail in practice in cases like this.
I'd say the problem is in the framework of the legislation that imposes a “mini-trial” by affidavit that the courts can’t avoid. Each step provides defence counsel opportunities to delay by appeal.
It seems like a much better solution would be to just give the courts the discretionary power to rule if a SLAPP is a SLAPP and administer hefty penalties when its the case. That way a SLAPP hearing would be no longer than a summary dismissal. The current structure just puts defamation law further out of reach for all but the rich.
Thanks for the tips on A-J! Great advice! And yes the lower court decision was a much better read.
It's taken me a couple of days to post as I've been reflecting back on this entire awful situation. What still bothers me on a deep level is that UBC has never been held truly accountable for their significant part in creating this mess. There are others there who behaved in an egregious manner, starting with the infamous press release - in trying to cover their own asses on the eve of a damning documentary on CBC, they deliberately threw one of their own right under the wheels of the bus. The wording of that press release was shocking in its carelessness. I remember asking at a meeting if they had ever gone public before when a professor had to (understandably) be suspended with pay while allegations were being investigated. The answer was "no." Why did they do it with Galloway? The lack of professionalism was stunning. They launched their own investigation and it was like a twisted "Scooby Doo" episode. So, I guess my point is - I hope that, somewhere in this unnecessarily arduous and tedious attempt by Galloway to clear his name, UBC finally, also, gets held accountable - which was all signatories of the letter wanted in the first place. (Anyone who works or studies there should be deeply concerned if this is how they deal with allegations, no matter if you are the one making the accusation, or the one being accused. Everyone deserves due process).
I appreciate that you have made each of these court decisions available here. It is so important that people are able to read for themselves what the judges have to say in this case.
I agree that it's super helpful to actually see the court's decision - anyone who even skims it can see why it takes months and months for these decisions to come down - they are nothing if not thorough.
Oh my--when I saw the title, my heart leapt. VERY good. So so so good.
This ponderous but scrupulously fair judgment is a great step forward for Steven in this never-ending litigation. Anti-SLAPP legislation is important, but in this case it was misused. For those unable to work their way through the entire judgment, appendices A to J provide an easy shortcut.
Well put! anti-SLAPP legislation is crucial, particularly when it involves corps vs people, so it’s a shame to see it fail in practice in cases like this.
I'd say the problem is in the framework of the legislation that imposes a “mini-trial” by affidavit that the courts can’t avoid. Each step provides defence counsel opportunities to delay by appeal.
It seems like a much better solution would be to just give the courts the discretionary power to rule if a SLAPP is a SLAPP and administer hefty penalties when its the case. That way a SLAPP hearing would be no longer than a summary dismissal. The current structure just puts defamation law further out of reach for all but the rich.
Thanks for the tips on A-J! Great advice! And yes the lower court decision was a much better read.
It's taken me a couple of days to post as I've been reflecting back on this entire awful situation. What still bothers me on a deep level is that UBC has never been held truly accountable for their significant part in creating this mess. There are others there who behaved in an egregious manner, starting with the infamous press release - in trying to cover their own asses on the eve of a damning documentary on CBC, they deliberately threw one of their own right under the wheels of the bus. The wording of that press release was shocking in its carelessness. I remember asking at a meeting if they had ever gone public before when a professor had to (understandably) be suspended with pay while allegations were being investigated. The answer was "no." Why did they do it with Galloway? The lack of professionalism was stunning. They launched their own investigation and it was like a twisted "Scooby Doo" episode. So, I guess my point is - I hope that, somewhere in this unnecessarily arduous and tedious attempt by Galloway to clear his name, UBC finally, also, gets held accountable - which was all signatories of the letter wanted in the first place. (Anyone who works or studies there should be deeply concerned if this is how they deal with allegations, no matter if you are the one making the accusation, or the one being accused. Everyone deserves due process).
Brad, thank you for keeping this on everyone's radar.
Great news!
Amazing. This is great news.
Great news.
Woooow
I appreciate that you have made each of these court decisions available here. It is so important that people are able to read for themselves what the judges have to say in this case.
I agree that it's super helpful to actually see the court's decision - anyone who even skims it can see why it takes months and months for these decisions to come down - they are nothing if not thorough.
Thank you