Sent: July 6, 2015 (to lawyer)
I drafted details that might be helpful in formulation of my Defence to the Amended Statement of Claim.
Does not meet criteria for a Statement of Defence, but contains details helpful to my memory!
RESPONSE TO Solo v. Finley
AMENDED STATEMENT OF CLAIM
July 6, 2015
1. GENERAL
1.1 Through verbal and written requests from the Defendant’s lawyer to the Plaintiff’s lawyer, the Defendant sought a list of statements she has made that are defamatory, that could then be removed from blogged documentation. Protected: specific deffam (More than 6 requests, not including phone calls.)
The Defendant needed the list because she is not aware of any statements that are defamatory.
1.2 The amended Statement of Claim does not provide defamatory statements. Nor does it provide evidence of invasion of privacy, also alleged by the Plaintiff.
1.3 The Plaintiff alleges that the Defendant “falsely and maliciously” made him out to be various things. As far as she is aware, the information posted which was under password protection is true, or in other instances it is fair comment.
1.4 Context for the Plaintiff’s allegations and evidence that statements posted by the Defendant are true, or fair comment are the basis of the Defendant’s response to the allegations.
- CONTEXT AND TIME PERIODS THAT THE ALLEGATIONS RELATE TO:
2.1 VETTING PROCESS, PERSON SEEKING PUBLIC OFFICE, late summer, 2013. Alleged defamation in relation to the Plaintiff’s business and employment relationships.
See Appended email, 2.1 VETTING PROCESS
Vetting to determine whether the Plaintiff is suitable to run as a candidate for the Green Party. The Plaintiff alleges defamation related to his business / employment associations (Statement of Claim, Solo v. Finley, 5.c. i, ii, iii, iv, v). The appended email shows the nature of the process, and that the background check on the Defendant was conducted in a respectful way.
2.2 PLAINTIFF’S COMPLAINTS LEAD TO THREE DIFFERENT POLICE INTERROGATIONS OF THE DEFENDANT. December, 2013 to June 2014.
2.2.1 Receipt by the Defendant of a complaint from a Green Party supporter that the Plaintiff’s use of Green Party social media was creating a bad image for the Green Party. He was using that media, among other things, to continue alleged year-long bullying of the young woman who brought the complaint.
2.2.2 The Defendant forwarded the young woman’s complaint to the Ottawa office of the Green Party. It would be adjudicated by an independent body.
2.2.3 The forwarding of the complaint for third-party adjudication caused the Plaintiff to begin a bullying and harassment campaign against the Defendant near the beginning of December, 2013.
2.2.4 The Defendant ignored the Plaintiff; she did not reply to his emails, phone, or speak with him.
2.2.5 By Christmas time, the Defendant saw a need to keep track of the harassing emails, many of which were sent in large numbers to other people in the Green Party. She went through her email, collected and filed the emails, by date, in a file on her blog, under password protection. The “Subject”s of the postings are meaningless, not identifiable as to content. They are buried in the blog under the meaningless file name (category) ”x”.
2.2.6 When the Police investigated the Defendant after complaints laid by the Plaintiff, she gave them the URL and password so they could see for themselves what was going on.
2.2.7 The 3 independent sets of interrogations of the Defendant by
- Saskatoon Police
- Duncan RCMP and
- Parksville RCMP
all led to no warnings or charges being brought against the Defendant.
Three different Police investigations found that there was no reason to proceed against the Defendant.
2.3 PLAINTIFF TRIES TO GET A FRIEND OF THE DEFENDANT FIRED FROM HER JOB, 2014.
The Plaintiff tried to get a Green Party friend of the Defendant’s fired from her decades-long employment in the Saskatoon Health District. His allegations against her led to a Disciplinary Hearing. She was exonerated.
The Union Rep recommended that she file a complaint against the Plaintiff with the Saskatoon Police, which she did. It remains on file as a deterrent to further harassment of her by the Plaintiff.
2.4 PLAINTIFF’S HARASSMENT OF AND COMPLAINTS AGAINST THE DEFENDANT TO GREEN PARTY IN OTTAWA, 2014.
2.4.1 Following very disruptive harassment by the Plaintiff, of leadership in the Ottawa offices of the Green Party,
2.4.2 The Plaintiff brought 10 charges against the Defendant to the Green Party of Canada. The Plaintiff would again have to defend herself.
2.4.3 This period culminated in “full disclosure” to the Plaintiff. The Defendant removed the password protection, so that the Plaintiff (and the investigators) could access the documentation that the Defendant would use in her defence.
2.4.4 Once again, the finding was that there was no basis to proceed against the Defendant.
2.5 CAMPAIGN BY THE PLAINTIFF AT THE DEFENDANT’S BLOG HOSTING SERVICE, LAST QUARTER 2014.
The Plaintiff began a campaign at the Defendant’s blog hosting service, Loosefoot Consulting. Loosefoot investigated the allegations made by the Plaintiff and concluded that the blogged information has integrity and did not offend any laws. The Defendant believes that Loosefoot consulted with their lawyer.
2.6 CAMPAIGN BY THE PLAINTIFF AT THE DEFENDANT’S DOMAIN NAME REGISTRAR, FIRST QUARTER, 2015.
The Plaintiff began a campaign to harass the Defendant’s domain name registrar into de-registering her domain name which would have the effect of taking down her entire blog.
The lawyer for the Domain Name registrar refused to deal with the Plaintiff, insisting that the matter be handled by lawyers for the Plaintiff and Defendant.
The Defendant re-instated password protection pending notification by the Plaintiff’s lawyer of what content is defamatory or invasive of privacy.
The preceding establishes CONTEXT for the Plaintiff’s allegations of defamation and invasion of privacy.
- RESPONSE TO THE PLAINTIFF’S LISTING OF ALLEGED FALSE AND MALICIOUS STATEMENTS BY THE DEFENDANT
As stated in paragraph 1.3 in the preceding:
The Plaintiff alleges that the Defendant “falsely and maliciously” made him out to be various things. As far as she is aware, the information posted . . .is true, or in other instances it is fair comment.
The Defendant selects a few examples from many that could be used:
3.1 EXAMPLE 1: The Defendant is accused of defamation, “falsely and maliciously” saying . . .
- b. (Page 5) “The Plaintiff is unemployed”.
3.1.1 If the Plaintiff is employed, he should not have said that he is unemployed. (“I do not want to be an unemployed activist forever.”) The source of the statement is the Plaintiff himself.
3.1.2 Context in which the statement was made: the candidate wanted to be a candidate for the Green Party. He was in conversation with an official of the Party who is a professor of law. It was an important conversation.
3.1.3 There is no evidence that the Plaintiff was employed. He is, and has been known for a number of years by people active in the Green Party in Saskatoon.
3.1.4 So, he is unemployed. He confirmed his situation: “I do not want to be an unemployed activist forever.”
3.1.5 There is nothing false or malicious in the statement. It is the truth. It was reported in a matter-of-fact way. Lots of people are unemployed.
3.2 EXAMPLE 2: The Defendant is accused of defamation, “falsely and maliciously” saying . . .
- a. (Page 4) “the Plaintiff is a liar”.
3.2.1 There are 19 examples listed by the Plaintiff under allegation 5.a.. At least 6 of these items refer to the “Airport” event (5. a. items ii, iii., xi, xvi, xvii, and xviii). So did the Defendant publish anything untrue about the so-called “Airport” event?
3.2.1.1 Context for the Defendant’s statements:
The Plaintiff selected people in Saskatoon with the same surname as the Defendant and phoned them at 5:00 – 5:30 AM on December 28th, 2013.
He woke up these people, asking for the Defendant’s phone number.
One of the wakened people happened to be an 80 year old second cousin. He, thinking it was an emergency, provided the phone number of the Defendant’s Mother.
The Plaintiff phoned the Defendant’s Mother, asking for the time of the Defendant’s flight departure, which the semi-awake Mother provided, before asking, “Who is this?”.
The Plaintiff was evasive but after insistence by the Mother replied, “Mike from the Green Party”.
The Plaintiff then went to the Airport at 6:00 AM – 6:30 AM, found the Defendant and her daughter in the line-up to check in, and began making accusations to which the Defendant replied, and which was the truth, “I don’t know what you are talking about”.
A man next in line offered to take the Plaintiff out the door of the Airport.
The Defendant responded saying no, she needed to call the Police or Airport Security.
A Westjet attendant had been observing, she stepped in and took control saying, “No. I am calling Security.” which she did.
The Plaintiff left before Security could be summoned.
At no point did the Plaintiff, in his accusations make any reference to a Demand Letter. Nor, in his ensuing emails did he make any reference to a Demand Letter.
Not until about two weeks later, after the Defendant laid a complaint with the Green Parties of Canada and Saskatchewan over the Airport event did the Plaintiff respond with accusations against the Defendant, using the defence of a Demand Letter.
The Airport event was December 28th.
The Plaintiff HAD sent a Demand Letter to the Defendant on December 23rd:
From: Ashu M. G. Solo [mailto:amgsolo@mavericktechnologies.us]
Sent: Monday, December 23, 2013 10:51 PM
To: Sandra Finley; Daeran Gall
Subject: YOU NOW HAVE 15 DAYS
FINLEY AND GALL,
YOU NOW HAVE 15 DAYS TO COME UP WITH $500,000, AS PER THE ATTACHED DEMAND LETTERS, OR YOU’RE GONNA HAVE TO ANSWER TO YOUR LIES IN COURT.
ASHU M. G. SOLO
I SUGGEST THAT YOU LOOK AT YOUR FUTURES AND ACCEPT THIS OFFER. FINLEY HAS TO LOOK AFTER HERSELF AND HER DAUGHTER AND DOESN’T WANT HER MONEY AND ASSETS SEIZED AND HER INCOME PERMAMENTLY GARNISHED. GALL HAS TO LOOK AFTER HIIMSELF AND WHOEVER AND DOESN’T WANT HIS MONEY AND ASSETS SEIZED AND HIS INCOME PERMAMENTLY GARNISHED.
ASHU SOLO
The truth is that the Plaintiff did not talk about or present a Demand Letter at the Airport. He came with verbal accusations that, at the time, made no sense to the Defendant.
It was only later, when an email exchange between radio host John Gormley and the Plaintiff was sent to the Defendant that the motivation for the harassment at the Airport could be guessed at.
The Defendant contacted the Gormley show and confirmed that the email exchange (“thread”) is legitimate. The Defendant gave Gormley the opportunity to veto the posting of the email thread, which Gormley did not do.
The Defendant surmises that the Plaintiff was desperate to know whether the Defendant was in receipt of the email thread (which at the time she was not). The Defendant points out that maybe she is wrong about the surmisal.
The Plaintiff was highly motivated by something that caused him to phone people he did not know at 5 o’clock in the morning and then come to the Airport to go after the Defendant.
The Plaintiff needed an alibi to defend himself against the complaint to the Green Parties by the Defendant over the events of December 28th, and concocted a lie that he was serving a Demand Letter at the Airport.
3.3 EXAMPLE 3: The Defendant is accused of defamation, “falsely and maliciously” saying . . .
- a. (Page 4) “the Plaintiff is a liar”.
There are numerous examples in the communications sent by the Plaintiff to other people where he states that the Defendant is harassing and bullying him. Just one:
From: Facebook [mailto:update+mryg52wa@facebookmail.com]
Sent: December-28-13 12:13 AM
To: Sandra Finley
| Ashu M. G. Solo commented on a link you shared. |
| Ashu wrote: “Sandra Finley, stop harassing me and spreading lies about me. I won’t tolerate your bullying. I”m making an ethics complaint against you and suing you for libel and slander.” |
The one and only communication between the Defendant and the Plaintiff happened when the Plaintiff came to the Airport.
The attacks beginning in December 2013 and continuing, have all been one-way, from the Plaintiff to the Defendant. The Defendant has never harassed or bullied the Plaintiff, nor told lies about him.
So once again, the statement by the Defendant that the Plaintiff tells lies is a statement of fact. He manufactures deliberate lies that are not of the “little white lie” kind. Defamation is not an issue.
3.4 EXAMPLE 4, related to the VETTING PROCESS
- a. i. (“The more I look the more I think he is trying to invent himself . . . he is using the internet to build a fake profile.”)
There is no defamation here. The author of the statement took time to carefully review information that the Plaintiff himself posted on the internet. The individual searched, without success, for information that would support the Plaintiff’s profiling of himself. The individual was trying to make sense of what was found. The statement is a fair comment.
4. RESPONSE TO THE PLAINTIFF’S ALLEGED INVASIONS OF PRIVACY BY THE DEFENDANT
There is no privacy to invade when the information is obtained from public spaces like Government and University websites.
5. APPENDED, 2.1 VETTING PROCESS (Email demonstrates nature of process and attitude of respect in collection of background information on the Plaintiff.)
From: Sandra Finley Date: Wed, Aug 28, 2013 at 12:10 AM Subject: Ashu To: (Ava), “Penny. GrnMsg Swartz” , KaitlynGRNMSG Harvey , PatriciaGRN Farnese , MarkGRN Bigland-Pritchard , LarryGRN Waldinger
I would appreciate if you would keep this confidential.
As I said I would do, I started some background research.
Candidates have to pass scrutiny.
(1) QUESTION: What caused the GPC to say that Ashu would not get endorsed (highly unlikely) to be a candidate?
ANSWER: It is possible that they came across the appended Not Every Public Prayer is Anti-Atheist Bigotry which goes back to the Dinner for volunteers. From an atheist blog. Written by an atheist who is ethnic. Like Ashu. You might want to read the whole thing. But the appended excerpt says it pretty well.
The high-lighted statement by Ashu is a significant distortion. Furthermore, (Mayor) Don Atcheson apologized and suggested a remedy.
It is understandable that Atcheson stopped replying to emails from Ashu. I would have done the same thing, under the circumstances. You get nowhere with people who twist the truth to suit their ends. And the conditions for cooperation are eliminated.
Candidates for political parties get examined.
(2) QUESTION: what about Ashu’s employment?
From his C.V. :
Principal/Interdisciplinary R&D Engineer and Mathematician at Maverick Technologies America Inc. Director/Interdisciplinary Researcher at Solo Research Lab, Maverick Technologies America Inc.
I did a search on the company’s website for Ashu+Solo. No Results
Maybe he is no longer with them. Wikipedia describes it as a company of 500 people.
http://www.mavtechglobal.com/about-us
In tracking down Ashu’s research papers (“more than 475”, “484”), see
http://www.mavericktechnologies.us/amgsolo-ppe-pe-cpp-cp.htm
Note that this page was designed and put up by Ashu.
From the bottom of the page:
Copyright © 1984-2011 by A. M. G. Solo. All rights reserved.
Web site written by A. M. G. Solo. Web site designed by A. M. G. Solo except for the graphics art designs.
Email: amgsolo@mavericktechnologies.us
This page of this Web site was last modified on July 24, 2011.
The page has 4 links to research papers by Ashu. Click on them: they are all the same paper, and the paper is 3 pages long. Read the conclusion of the paper.
Ashu’s claims about inventing new disciplines are to be questioned, I would say.
| The paper has this:
Ashu M. G. Solo
Maverick Technologies America Inc., Suite 808, 1220 North Market Street, Wilmington, Delaware 19801, U.S.A., email: amgsolo@mavericktechnologies.us |
Maybe I will call the company.
– – – – – – – — – – —
Bottom of http://www.polnetics.com/
Ashu provides
Cdn. Address: Maverick Technologies Inc., as
510 Saskatchewan Crescent East, Saskatoon, SK S7N 4P9
Close to my place.
Near the Broadway Bridge. Which building? If it’s the condos, would they have individual unit numbers?
He lists: Principal/New Fields Instructor at Trailblazer Intelligent Systems, Inc.
Who is that? . . . It is related to SAIC. A U.S. defense contractor, among the top 8 contributors to politicians.
http://en.wikipedia.org/wiki/SAIC_(U.S._company)
Operations
In fiscal year 2003, SAIC did over $2.6 billion in business with the United States Department of Defense, making it the ninth largest defense contractor in the United States. Other large contracts include their contract for information technology for the 2004 Olympics in Greece[9] and from 2001 to 2005, SAIC was the primary contractor for the FBI‘s unsuccessful Virtual Case File project.[10]
. . In 2002, SAIC was chosen by the NSA to produce a technology demonstration platform for the agency’s Trailblazer Project in a contract worth $280 million. Trailblazer was a “Digital Network Intelligence” system, intended to analyze data carried on computer networks. Project participants included Boeing, Computer Sciences Corporation, and Booz Allen Hamilton. SAIC had participated in the concept definition phase of Trailblazer, beginning March 2001.[11] According to science news site PhysOrg.com, Trailblazer was a continuation of the earlier ThinThread program.[12] In 2005 NSA director Michael Hayden told a Senate hearing that the Trailblazer program was several hundred million dollars over budget and years behind schedule.[13]
Campaign contributions
SAIC is among the 8 top contributors to federal candidates, parties, and outside groups with $1,209,611 during the 2011-2012 election cycle according to information from the Federal Election Commission. The top candidate recipient was Barack Obama.[14]
Enough for now.
Sandra
= = = = = = = = =
- APPENDED, Not Every Public Prayer is Anti-Atheist Bigotry
http://www.patheos.com/blogs/friendlyatheist/2012/04/23/not-every-public-prayer-is-anti-atheist-bigotry/
Not Every Public Prayer is Anti-Atheist Bigotry
April 23, 2012 By Hemant Mehta
. . .. Barring that, though, I just don’t think I could work up a ton of rage over something this insignificant. It’s not a city council meeting, in which case I would be more angry. Even though it’s a city function, without knowing any further details, my suspicion would be that someone — the councillor or the organizer(s) — just didn’t know any better.
That brings us to Ashu Solo, one of the awardees at the dinner. He heard the blessing, got royally pissed off, wrote a letter to the mayor, and then sent it along to the rest of the city council:
“It made me feel like a second-class citizen. It makes you feel excluded,” said Solo, who is an atheist.
“It’s ironic that I’ve now become a victim of religious bigotry and discrimination at this banquet that was supposed to be an appreciation banquet for the service of volunteers like me.”…
“This is not a Christian country or a Christian city. It is a secular multicultural country and secular multicultural city with people from numerous religions as well as spiritual people, agnostics and atheists,” Solo said.
Municipal officials should not use their offices to “perform religious bigotry, as this is,” or “to impose their own religious beliefs on others,” Solo said.
Dude. You weren’t a victim of religious bigotry. The blessing didn’t go, “Thank you, Jesus, for this food. Also, fuck you, atheists. Amen.”
You weren’t discriminated against. The blessing didn’t go, “Thank you, Jesus, for this food. Also, atheists, we’re no longer accepting volunteer applications from your kind. Amen.”
I’m with Solo on the idea that (arguably unintentional) exclusion occurred. I’m with him that Christian blessings were offered despite the fact that this was a government function and
not everyone there was a Christian. That doesn’t necessarily call for a lawsuit or a complaint against the offenders. That calls for educating them on what they did wrong.
Hell, the mayor didn’t even realize this was an issue. And once he saw the letter, he suggested an alternative for the future:
[Mayor Don] Atchison said he was caught off-guard by the complaint because many of the events he attends include a prayer before meals.
“I’ve never given it any thought at all,” he said.
Atchison said he is sorry to hear Solo felt excluded.
He suggested in the future, the dinner could feature prayers from different religions on a rotating basis. There could even be a dinner with no prayer at all for atheists, he said.
Look! The mayor got educated! That’s good! And then he tried to respond accordingly! He ought to be commended for that, even if his suggestions aren’t ideal. (I would suggest getting rid of the pre-meal blessing altogether. Let people pray privately if they want to.)
What did Solo think of that?
Solo said the rotation idea will not work because there are thousands of religions.
He wants an apology from the mayor and a promise there won’t be any more prayers at City of Saskatoon events. He said if he does not receive those by next Friday, he will proceed with a human rights complaint naming the City of Saskatoon, Atchison and Donauer.
He’s threatening to file a human rights complaint?!
Over the top. Unnecessary. Makes him (and us) look crazy.
As for the mayor apologizing, I don’t know why he should have to unless he’s the one who called for the prayer…
If you can get an apology from Donauer, great. Even better would be a promise (from the mayor or event organizers) that this won’t happen again. That’s all that is needed. Not an accusation of bigotry and discrimination. Not a threat of a human rights violation.
Don’t make a mountain out of a molehill.
Not everyone understands the idea of Christian privilege. They don’t always realize that a Christian blessing may not sound welcoming for non-Christians. It’s our job to make them aware of it, calmly if possible, and aggressively so only if the action warrants it.
Solo’s reaction isn’t helping the situation here.