From: Sandra Finley Sent: October 21, 2016 3:35 PM To: Andrew G. MacCorquodale Cc: ‘pwagner@mcdougallgauley.com’ <–@mcdougallgauley.com>Subject: Conversation with Dispute Resolution Officer, Tim Nickel (Ashu Solo)
Hi Andrew,
I have cc’d Paul. Am thinking the junior lawyer who will represent you at Mediation might benefit from:
- notes on my conversation with the mediator. Which I made in case they would be helpful to you.
- brief understanding of the crux of Ashu’s motivations.
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- I had a productive and lengthy conversation with Tim Nickel yesterday, the mediator assigned to this case. I found him to be professional; he came across as being very competent.
I expect to be able to work comfortably with him.
Today I did a quick search on him, 2 items appended. A photo at 2nd one.
He identified at the beginning that this case is different from others.
I was able to sketch out background on what Ashu has been doing over the years, with Start point for me being the complaint from the 26-year old woman who he (age 42) had been cyber-bullying for a year. With serious effects on her.
INSERT #2, for benefit of Jr Lawyer, Ashu’s motivation
The root of his attacks on me that eventually came to include attacks on LFC:
He was (likely still is) unemployed. He wants to get elected to public office and figured (or was manipulated into believing) he could do it through the Green Party. Because he was using Green Party social media to broaden the scope of his cyber-bullying I forwarded the complaint of the young woman to the Ethics Committee in Ottawa. Independent, 3rd party adjudication – – fair.
In his mind I am the reason why he has been prevented from running as a candidate for the Federal or the Provincial Party.
LFC enters the picture: I posted under password, Ashu’s attempts to discredit me, his coercive attacks on others. I could see potential need for “proof” and didn’t want to lose evidence in the jumble on my computer.
Ashu is highly motivated to prevent some documents from becoming public. One example:
An email thread between Ashu and John Gormley, the Rawlco talk show host, lawyer by training. John gave the thread to the young woman for use as a defence against Ashu, if John’s words did not make Ashu stop his cyber-bullying of the young woman and two other young women. Basically, John will expose Ashu’s lies (specified ones) through officials he will have on the show if Ashu doesn’t stop.
When LFC did not capitulate to Ashu’s demands to take down my blog, he began attacks on my domain name registrar demanding that they de-register the name. That company is in BC; their way of shutting the door on Ashu – – I had to employ a lawyer to whom they could refer his demands.
I don’t know how he will handle the Mediation. Trials are public, he knows that. He might be able to guess how many good people he has harassed and threatened and bullied and put fear into. If this goes to trial, some of them intend to attend.
Continuing with NOTES ON CONVERSATION WITH TIM NICKEL:
Covered main issues from my point-of-view.
At one point he offered, genuinely I think, an apology for the imperfections of the justice system! I had not been complaining about that, so he gave me a good chuckle inside. We moved on.
I told him why I would not respond to the cross-claim (the system creates adversarial relationships where none exist; I can choose not to cooperate with that).
And I told him that LFC was acting upon my request when you did not accept to settle at the price of $5000 offered by Ashu. (It would come out of my pocket, go into Ashu’s; I would be paying HIS legal bills, too!)
I made it clear that I am a journalist and have been for more than 15 years. I am not about to relinquish for myself and for others, the charter right to freedom of speech.
One thing I did not spell out to him, but will: it is recorded in the communications from the young Vancouver lawyer: – – Ashu was requested more than once to just tell us the specific items in the blogged material that are defamatory. They could be addressed if he would identify them. That offer still stands.
I expressed concern over the fact that Ashu will need something by which to save face. (Seems like I’m demanding everything and have nothing with which to buy compromise). Tim replied (words to effect) that he would be looking at that aspect. I took it to mean: that’s his job.
I can’t or won’t back-down on Charter Rights. Tim knows that.
I did not discuss:
I think that means that I need to secure a Judge’s order saying that the material is not defamatory, that I can remove password protection, and that Ashu may not interfere with business contracts I have entered into; let alone interfere in my life in other ways.
I think Tim understands: I will seek (even if the chances are almost zero) to have my expenses reimbursed and even if there is little chance of actually recovering the money.
I am not presently able to envision what I can do to assist in the “save face” need.
I do not have a reliable memory of whether or not I told him that the Sk Law Reform Commission considered, at its Sept meeting, a submission I made about the need for legislation that prevents “SLAPP suits” (use of the justice system as a tool of coercion, which this is; also the need for legislation to address cyber-violence which the UN has asked countries to do – – it is a very large problem. They replied; there is already work underway by the Uniform Law Commission of Canada. I have inquired about contacting them. Their next meeting is in Regina, according to website.
I understood Tim to have concluded that I know the material well and can competently defend myself. He offered that I should phone him if I have more questions.
I will call him early next week and let you know what he has to say: I am thinking there will be 3 separate rooms. To start, LFC and Paul’s Jr in one. Ashu and Tyler in another. Me in the third. With Tim going back-and-forth between the rooms. During Mediation, would it be at Tim’s discretion to advise me of your positions and progress?
WHAT IS ASHU’S CURRENT STATE-OF-MIND?
Recent renewed activity leads me to think Ashu is plenty worried. (A pattern in his behavior – stressful developments cause him to go into a frenzy of activity.) The date got set; no one has backed down. In the last few days he has started a second (crazy) campaign at the U of S to discredit, through my role of elected member of University Senate (I have recently completed the maximum two terms). Some of the other Senators and the University Secretary have received missives claiming that a group of Senators (that included me) have defamed him. And they had better do X, Y or Z. OR ELSE! The emails were forwarded to me. I replied with an update: Mediation Nov 22. And the usual suggestion/request: best not to engage with him.
Cheers!
Sandra Finley
APPENDED
(1) Nickel, Timothy J.,
- Ed., Reg. Psych.
1110 –14th Street East
Saskatoon, SK S7H 0A3
Phone: 306-203-9142
E-Mail: tim.nickel10 AT gmail.com
Place of Employment: Private Practice; Contract with Dispute Resolution Office
Education: M. Ed –U of S
Mediation Training: Justice Institute of B. C. (210 hrs.);
Organizational Diagnosis;
Community at Work (Sam Kaner); TJA Conferencing; Circles and Restorative Processes
Mediation Experience: 18 years
Areas of Competence:
Organizational Development and Workplace Mediation; Civil
Litigation and Business Disputes; SGI Personal Injury Claims;
Multi -Party and Public Policy Development; Board Governance
Fees Charged:
$150.00 per hr. ($120.00 per hr – Prov. Gov’t.)
Professional Affiliations:
Conflict Resolution Saskatchewan Inc.; FMC; SKCP
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(2) PHOTO and other info at https://ca.achievecentre.com/trainer/tim-nickel/