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Friday, June 14, 2019

Zak S Sues Mandy in Canadian Court for Defamation - Probably Because Its Much Easier for the Plaintiff to Get a Favorable Ruling (not enforceable in the US)

Earlier this week Zak S posted on one of his blogs - https://officialzsannouncements.blogspot.com/2019/06/im-suing.html - that he was suing Mandy for defamation in "the Superior Court of Justice in Ottawa for her Facebook post." I don't know how Canada has jurisdiction over Zak's complaint, but it is safe to assume he has filed the suit in Ottowa is due to the fact that Canadian law is much more favorable to defamation claims than most of the Commonwealth as well as the United States.

https://en.wikipedia.org/wiki/Canadian_defamation_law

Some interesting parts from the Wikipedia article:
In a 2006 commentary comparing Canadian laws with US and Commonwealth laws at that time, the situation was described thus: 
For all the lofty quotes about free speech in Canadian jurisprudence, the reality is that our libel laws are the least protective of free speech in the English-speaking world. 
Libel law developed in an ancient era which we would today consider backward, tyrannical and repressive. It is rooted in 16th and 17th century criminal statutes protecting nobility from criticism. Cases of political libel and eventually damages actions were handled by the infamous Star Chamber until its abolition in 1641. By the end of that century, many elements of the common law of libel we would recognize today had been established. In Law of Defamation in Canada, Professor Brown notes that the common law of defamation has been described by scholars and judges as "artificial and archaic" and characterized by "absurdities", "irrationality", and "minute and barren distinctions" (pp. 1–3). 
While social values and legal concepts have evolved dramatically of the past 200 years, the common law of libel in Canada remains startlingly unchanged.[10]
Even more relevant I think:
In general Canadian defamation judgements against Americans are not collectible in the United States under the SPEECH Act, and have to be re-proven in an American court in the state where the defendant resides. The exception may be Quebec which has broad protections for political comment and respects international laws (such as the International Covenant on Civil and Political Rights) similar to the US's own First Amendment.
So, should Zak win, the judgment wouldn't be enforceable in the US.

Interesting...

Tip of the hat to Rob Conley.

I cover some of this in last night's Tavern Chat podcast, including a full reading of Zak's latest statement:

https://anchor.fm/tavernchat/episodes/E392---Zak-S-Sues-Mandy-for-Defamation-in-Ottowa---I-Read-Zaks-Statement-e4b7fo

(edit - apparently this is a "slanted article" according to at least one commenter on social media because I make Zak S "look bad" and reference Wikipedia. While I find Wikipedia somewhat iffy when it comes to personalities that are in the current news cycle, using it to reference something like Canadian Defamation Law I find is fairly solid. YMMV. Oh, and yes, Zak S is an asshole in my opinion. Doesn't change anything written above.)

9 comments:

  1. According to a few different people, Mandy now lives in Canada--hence the suit being filed there.

    ReplyDelete
  2. Suing someone for defamation is pretty uncommon in Canada though; politicians threaten once in a while but seldom follow through. Most Canadians perceive it as a hard case to win unless there’s proof the person accused of defamation had no actual evidence to base their comments on. LoL ... might be one of the things that keeps Canadians polite.

    ReplyDelete
  3. Correct. She posted the message in question from Canada, therefore applicable under Canadian law.

    ReplyDelete
  4. I imagine he'll have no difficulty proving loss of wages as a result of her post, so it will then go to the truth of the post which will prove interesting as both have witnesses for their side among their group.

    ReplyDelete
  5. In Canadian Law there is something called the “fair comment” defence. If what was said is true, it doesn’t matter how much money Zak has lost as a result of the post.

    Suing his disabled ex-girlfriend may not be the best way for him to repair his reputation if that’s what he’s after.

    ReplyDelete
    Replies
    1. He's not trying to repair his reputation. He is trying to destroy her in any means possible. Everything else is irrelevant.

      Delete
    2. Truth is always a defense against libel suits. From my lurid standpoint, the truth is what I want to know, as I have no idea what the truth here is, and neither do you or anyone else posting here.

      Delete
  6. Zak S makes Himself look bad. Iwould contact the court and have the barrester brought up on malfiestion charges for bring forth the case and waisting the courts time on an enforcable ruling.

    ReplyDelete
  7. Zak Smith is a lying conman. A huckster. A faker who came along at the right time to be a Svengali over a certain broken segment of the gaming community. His whole "porn" thing was handy in attracting attention, and maybe a bit of jealousy from many lonely aging gamers who want to live vicariously.


    But the oft touted porn connection was the first sign he was a scammer, if anybody who was like "wow, a porn star playing D&D!" bothered to do a little research they would know. Just check any film/adult film database for his official credits. He was in just over a half dozen (low rent budget) productions over several years when freaky punk burlesque stuff had a brief popularity. I ask you, is that "porn stardom?" And no, his couple of home movies with Mandy, Satine, and some vulnerable teenage runaway they roped into their scuzzy circle don't count.

    Him stating many times "I make my living having sex" is a joke many sadly fell for. They wanted to believe. But its just smoke.


    And his game stuff? I looked at Vornheim for the first time recently, and I thought it was a weird joke. The "art" is ugly, and the encounter stuff seems like a weird unfunny parody of something. It's unusable IMO. I dig gritty, but I don't get the appeal. Its a mess.


    Gotta wonder, will this inspire Mentzer to bring some lawsuits to the gaming world?


    I doubt there are even lawyers. This is no big TMz level thing. What we will only kow about this is whatever Zak wants to say, unless Mandy speaks out. And I hope she has more to say.

    ReplyDelete

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