In the Supreme Court of British Columbia

Transcription

1 26-Ap-11 Vancouve Fom 1 (Rule 3-1(1)) Cout File No. VLC-S-S Vancouve Registy In the Supeme Cout of Bitish Columbia Between Daniel Veniez Plaintiff And John Weston, Paul Veltmeye, John Doe & Jane Doe Defendants NOTICE OF CIVIL CLAIM This action has been stated by the Plaintiff fo the elief set out in Pat 2 below. If you intend to espond to this action, you o you lawye must (a) (b) file a esponse to civil claim in Fom 2 in the above-named egisty of this cout within the time fo esponse to civil claim descibed below, and seve a copy of the filed esponse to civil claim on the plaintiff. If you intend to make a counteclaim, you o you lawye must (a) (b) file a esponse to civil claim in Fom 2 and a counteclaim in Fom 3 in the above-named egisty of this cout within the time fo esponse to civil claim descibed below, and seve a copy of the filed esponse to civil claim and counteclaim on the plaintiff and on any new paties named in the counteclaim. JUDGMENT MAY BE PRONOUNCED AGAINST YOU IF YOU FAIL to file the esponse to civil claim within the time fo esponse to civil claim descibed below. NOTICE OF CIVIL CLAIM Page 1

2 TIME FOR RESPONSE TO CIVIL CLAIM A esponse to civil claim must be filed and seved on the plaintiff(s), (a) (b) (c) (d) if you eside anywhee in Canada, within 21 days afte the date on which a copy of the filed notice of civil claim was seved on you, if you eside in the United States of Ameica, within 35 days afte the date on which a copy of the filed notice of civil claim was seved on you, if you eside elsewhee, within 49 days afte the date on which a copy of the filed notice of civil claim was seved on you, o if the time fo esponse to civil claim has been set by ode of the cout, within that time. CLAIM OF THE PLAINTIFF Pat 1: STATEMENT OF FACTS 1/ The Plaintiff, Daniel Veniez, is a businessman and cuently is the candidate of the Libeal Paty of Canada in the iding of West Vancouve-Sunshine Coast-Sea to Sky County in the election fo the Paliament of Canada scheduled fo May 2nd / The Defendant John Weston is a Baiste and Solicito licensed to pactice in the Povince of Bitish Columbia, and is the standing membe of Paliament fo the iding of West Vancouve-Sunshine Coast-Sea to Sky County, and is the cuent candidate of the Consevative Paty of Canada in the afoesaid iding fo the paliamentay election scheduled fo May 2nd / The Defendant Paul Veltmeye is a membe of the Consevative Paty of Canada and esides in a Coquitlam Bitish Columbia. 4/ The Defendants, John Doe and Jane Doe, posting to You Tube as Dale 5775 ae pesons cuently unknown to the Plaintiff. The Defendants John Doe and Jane Doe have made one post to the intenet web site You Tube unde the assumed name Dale 5775 which is the You Tube Video efeed to in these pleadings. 5/ Thoughout the 1990s thee wee a numbe of companies associated with "Skeena Cellulose",a Cown Copoation opeating in the Nothwest egion of Bitish Columbia in the foest industy. These included Skeena Cellulose Inc., New Skeena Foest Poducts Inc., Oenda Foest Poducts Ltd, Oenda Logging Ltd and 9753 Acquisition Goup. (heeinafte efeed to as " the Skeena Goup") NOTICE OF CIVIL CLAIM Page 2

3 6/ In 1997 the Skeena Goup was placed in eceiveship and subject to judicial supevision by the Supeme Cout of Bitish Columbia unde vaious actions including applications unde the Company's Ceditos Aangements Act R.S.C. 1985, c.c-36, Canada Business Copoations Act R.S.C. 1985, c.c-44 and The Company Act R.S.B.C. 1979, c.59 including,but not limited to, actions in the Supeme Cout of Bitish Columbia Vancouve Registy actions A and L033220, action L being unde the diect supevision of the then Chief Justice of Bitish Columbia The Honouable Donald Bemne. 7/ As pat of the estuctuing of the Skeena Goup within the Company's Ceditos Aangement Act, a plan fo distibution of wokes shaes was appoved by the Supeme Cout of Bitish Columbia on Apil 2nd 1998 in a decision of the Honouable M. Justice Thackay. 8/ At that time counsel appeaed on the behalf of He Majesty the Queen in Right of the Povince of Bitish Columbia, Pulp and Pape Wokes of Canada, Local 4, Non- Union employees of Skeena Cellulose Inc and B.C. Govenment & Sevice Employees Union. 9/ This Honouable Cout made a decision at that time on the distibution of the shaes of the Skeena Goup including wokes shaes. 10/ The Skeena Goup continued to be plagued by financial toubles though to and past / In 2003 the Plaintiff became Pesident of the Skeena Goup including New Skeena Foest Poducts Inc., Oenda Foest Poducts Ltd., Oenda Logging Ltd., and 9753 Acquisition Goup. 12/ At no time while the Plaintiff was Pesident of the Skeena Goup, did the Plaintiff have access to o any contol of any pension funds of any of the employees o fome employees of the Skeena Goup. 13/ On o about Apil 2011 the Defendants John Doe and Jane Doe poduced a video and boadcast a video on the Intenet which was posted with the name Dale 5775 as the poste. The video on You Tube had a web addess of : (heeinafte efeed to as the "You Tube Video") 14/ The You Tube video contained accusations that the Plaintiff had unjustly eniched himself with funds fom the pension funds of employees and fome employees of the Skeena Goup while he was Pesident of the Skeena Goup. NOTICE OF CIVIL CLAIM Page 3

4 15/ The accusations that ae contained in the You Tube video ae patently false, and contay to the public ecod and cout ecods. 16/ The accusations as contained in the You Tube Video ae defamatoy of the Plaintiff in that they accuse the Plaintiff of beach of tust and o unjust enichment by unlawfully conveting assets o funds fom the pension funds of the employees Skeena Goup to his own benefit to the financial detiment of pensiones of the Skeena Goup. 17/ The accusations as contained in the You Tube Video ae malicious, false and made unlawfully in a delibeate attempt to damage the geneal eputation of the Plaintiff while he is a candidate fo the Paliament of Canada. The publication of these false and malicious accusations is fo the desie of the Defendants John Doe and Jane Doe as Dale 5775 to effect the outcome of the May 2nd election in West Vancouve-Sunshine Coast Sea to Sky County by use of anonymous chaacte assassination of the Plaintiff with false accusations against the chaacte and conduct of the Plaintiff with false accusations of unjust enichment of the Plaintiff with pension funds, which accusations ae contay to the public ecod as contained in the poceedings befoe the Supeme Cout of Bitish Columbia. 18/ On o about the middle of Apil 2011 the Defendant Paul Veltmeye wote to the Defendant John Weston identifying the Plaintiff as a fome employe of the Defendant Paul Veltmeye. 19/ In the Defendant s Veltmeye s lette to the Defendant John Weston, the Defendant Veltmeye stated that: " I undestand that while Dan (Veniez) was in chage of the Ridley Island Teminal in Pince Rupet, a podcast is that the consevative govenment appointed him to, that he was even planning to sell the teminal to a company that he had an inteest in." 20/ The statement of the the Defendant Veltmeye that the Plaintiff was planning on selling the Ridley Island Teminal to a company that he had a inteest in was false and defamatoy of the Plaintiff and was a malicious effot by the Defendant Veltmeye to damage the eputation and chaacte of the Plaintiff while he was a candidate fo the Paliament of Canada by alleging that the Plaintiff beached his fiduciay duties as a diecto of a Cown Copoation by attempting to enich himself at the expense of the Cown. 21/ The Defendant Veltmeye s allegations wee patently false, unsuppoted in fact o in law and uneasonable since the public ecod shown that Ridley Islands Teminals was a Cown Copoation, subject to legal contol by the cabinet of the Govenment of Canada NOTICE OF CIVIL CLAIM Page 4

5 22/ In addition the Defendant Veltmeye instucted in witing that the John Weston Campaign to link to the You Tube Video posted by Dale 5775 at: 23/ On o about 15th Apil 2011, the Defendant John Weston epublished the contents of the YouTube video on his John Weston Nation Facebook page. 24/ In addition the Defendant John Weston wote on Apil 15, 2011 on his Facebook page: "I was not awae of these details of Dan Veniez's actions with Skeena a Copoation that went into bankuptcy and fofeited its unpotected employee pensions but not befoe he withdew >$200 K in pesonal wages himself. If you intend to suppot him, please watch this video so you stand infomed. 25/ The linking of the You Tube Video and comments of the Defendant John Weston constitute a publication by adoption and epublication of the contents of the You Tube Video as posted by the Defendants John Doe and Jane Doe as Dale 5775 and a endosement/appoval of the contents of the You Tube Video by the Defendant John Weston. 26/ The Defendant John Weston is a Baiste & Solicito has a highe duty of cae as a office of the Cout in dealing with allegations of unlawful convesion o unjust enichment of pension funds against the Plaintiff which ae unsuppoted in fact and neve aised in the Cout poceedings ove 7 yeas. By adopting these unsuppoted allegations fo political advantage,the Defendant John Weston demonstated a disegad of the pocess of the Cout and Judgment of the Couts in his publication and epublication of false allegations which the Defendant Weston knew, o as a Baiste & Solicito ought to have known, wee contay to the public and cout ecod and wee factually and legally impossible allegations.. 27/ At an all Candidates meeting held in Sechelt Bitish Columbia and Gibsons Bitish Columbia on the 18 th of Apil 2011, agents of the Defendant John Weston, with the appoval of the Defendant John Weston and/o his agents, distibuted copies of the lette of Paul Veltmeye to John Weston which epublished the Defendants Veltmeye s allegations and links of the You Tube video. 28/ The epublication of the YouTube video and the comments made by John Weston and his agents both a published on Facebook on Apil 15, 2011 and epublished NOTICE OF CIVIL CLAIM Page 5

6 though the intenet on You Tube, wee malicious, delibeate attempts to damage the eputation of the Plaintiff as a political opponent by epublishing factually and legally false mateial. The allegations of unjust enichment and unlawful convesion of pension funds by the Plaintiff being the contay to the public ecod as contained in the ecods of the Supeme Cout of Bitish Columbia and factually and legally impossible,as afoesaid, fo the delibeate pupose of damaging the chaacte and eputation of a peson standing fo Paliament, both to the detiment of the Plaintiff, and fo the electoal benefit of the Defendant John Weston, fo the puposes of effecting the esult of the May 2 nd 2011 fedeal election. 29/ The Defendant John Weston, Paul Veltmeye, John Doe & Jane Doe as Dale 5775 published and epublished the allegations of unlawful convesion of pension funds and unjust enichment of the Plaintiff at the expense of beneficiaies of the pension funds in an attempt by the Defendants to damages the chaacte and question the conduct of the Plaintiff to effect the esult of a Fedeal Election by making false allegations. 30/ The actions of the Defendants ae outageous in that they ae totally unsuppoted by facts and law. 31/ The bankuptcy of the Skeena Goup was supevised by the Supeintendant of Bankuptcy, Enst & Young and the Supeme Cout of Bitish Columbia. 32/ Thoughout the lengthy Cout poceedings, including, but not limited to those head by the Chief Justice of Bitish Columbia, thee wee neve any allegations of the Plaintiff unjustly eniching himself fom pensione tust funds. 33/ The allegations as published by John Doe and Jane Doe as Dale 5775 and epublished by the Defendant John Weston and Paul Veltmeye ae contay to the public ecod of the Supeme Cout of Bitish Columbia, which judgments in egads to the Skeena Goup constituted JUDGEMENTS IN REM and any claim contay to those judgments ae contay to the laws of Canada. Pat 2: RELIEF SOUGHT 1/ Geneal damages 2/ Special damages 3/Exemplay damages 4/ Punitive damages NOTICE OF CIVIL CLAIM Page 6

7 4/Costs 5/ Special Costs Pat 3: LEGAL BASIS 1/ The Defendants have defamed the Plaintiff by accusing him though pint and videos published and epublished on the intenet of unjustly eniching himself fom pension funds at the expense of fome employees of the Skeena Goup. 2/ The Defendant Veltmeye and Weston have falsely alleged that the Plaintiff beached his fiduciay duties as a office of the Cown Copoation Ridley Island Teminals by attempting to sell a Cown copoation to a company in which he had a inteest. 3/ The Defendants Veltmeye, Weston,John Doe and Jane Doe have done so without justification in fact o law. 4/ The Defendants have made these allegations knowing that they wee false o with eckless disegad o indiffeence to hei tuth as the allegations ae unsuppoted by the public ecod as contained in the ecods of the Supeme Cout of Bitish Columbia in vaious poceedings, including poceedings befoe the Chief Justice of Bitish Columbia, as supevised by the Supeintendant of Bankuptcy. 4/ The Defendants have knowingly done so fo the specific pupose of affecting the esult of a Fedeal Election held May 2 nd 2011 in the iding of West Vancouve-Sunshine Coast- Sea to Sky County. 5/ The Plaintiff pleads Section 8 of the Libel and Slande Act R.S.B.C c. 264 and Section 91 of the Canada Elections Act S.C c. 9 Plaintiff s addess fo sevice: Staith Litigation, 6438 Bay Steet, West Vancouve, Bitish Columbia V7W 2H9 addess fo sevice: [email protected] Place of tial: Law Cout, Vancouve, Bitish Columbia The addess of the egisty is: 800 Smythe Steet, Vancouve, Bitish Columbia NOTICE OF CIVIL CLAIM Page 7

8 Dated: Apil 25 th 2011 JAY STRAITH Jay Staith Counsel fo the Plaintiff Daniel Veniez Rule 7-1(1) of the Supeme Cout Civil Rules states: (1) Unless all paties of ecod consent o the cout othewise odes, each paty of ecod to an action must, within 35 days afte the end of the pleading peiod, (a) pepae a list of documents in Fom 22 that lists (i) (ii) all documents that ae o have been in the paty s possession o contol and that could, if available, be used by any paty at tial to pove o dispove a mateial fact, and all othe documents to which the paty intends to efe at tial, and (b) seve the list on all paties of ecod. APPENDIX Pat 1: CONCISE SUMMARY OF NATURE OF CLAIM: Pat 2: THIS CLAIM ARISES FROM THE FOLLOWING: a moto vehicle accident pesonal injuy, othe than one aising fom a moto vehicle accident a dispute about eal popety (eal estate) a dispute about pesonal popety the lending of money NOTICE OF CIVIL CLAIM Page 8

9 x the povision of goods o sevices o othe geneal commecial mattes an employment elationship a dispute about a will o othe issues concening the pobate of an estate a matte not listed hee Pat 3: Libel and Slande Act R.S.B.C c. 264 Canada Elections Act S.C c. 9 NOTICE OF CIVIL CLAIM Page 9