Friday, March 27, 2009

FreeD Likely To Appeal Warman Ruling

From the Wiselaw Blog:

Connie Fournier said...
Mr. Wise, it is very likely we WILL be appealing this decision.
Thursday, March 26, 2009 12:58:00 PM

Most of the discussions on this at FreeD have been taking place in a closed thread, but the cost would involve paying the $5,000 charge already levied against the forum and then another at around $20,000 or so. Fund-raising efforts, Connie notes, would have to "reach out beyond FD".

Meanwhile, I wrote yesterday that the court order pertained to The Cools Post. That is not correct.


Kurt Phillips said...

Great idea. Sink more money in to the H.M.S. FreeDominion legal defence. I'm sure that it will eventually make for a nice reef.

@wiselaw said...

I'd note, BCL, that the $5,000.00 costs award will have to be paid, whether or not an appeal is filed. If costs are unpaid, serious sanctions may be ordered:

See Rule 57(2) of Ontario's Rules of Civil Procedure:

57(2) Where a party fails to pay the costs of a motion as required under subrule (1), the court may dismiss or stay the party’s proceeding, strike out the party’s defence or make such other order as is just. R.R.O. 1990, Reg. 194, r. 57.03 (2).

Anonymous said...

With respect, Mr. Wise, I don't think that is right. Except for certain defined exceptions like child support, an appeal "stays" (i.e. freezes) a judgment while the appeal is being heard, including the costs award. It only stands to reason that if the appeal court reverses the motions judge it will likely reverse the costs award as well.

That being said, this appears to have been an interim motion and special leave is normally required to appeal it. The court could very well order the appellants to pay the cost award into court as security before agreeing to hear the appeal.

Andy Lehrer said...

It's delightful that so much rabid right wing money is going to pay either Richard Warman or lawyers. Better that this $25,000 be pissed away on legal fees rather than be donated to the Fraser Institute, National Citizens Coalition, the Conservative Party or some wing nut group or cause.