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08-03-2006, 06:32 AM | #1 |
YT Addict Join Date: Oct 2005 Location: Philadelphia
Posts: 257
| Dog lover's disappointment might become landmark in Net law Dog lover's disappointment might become landmark in Net law CHERYL CORNACCHIA The Gazette Published: Thursday, June 15, 2006 Just what do you have a right to say on the World Wide Web? The question is at the heart of a legal dispute involving a Quebec dog breeder and an Ontario dog owner. Paws R Us Kennel, a major commercial puppy producer in Shawville, about 100 kilometres northwest of Gatineau, has sued Lorie Gordon, a 40-year-old dog lover from Brockville, Ont., for defamation. The company is demanding Gordon pay $10,000 in general damages, $9,500 for loss of business, and court costs. The dispute stems from a story Gordon posted in August on www.pets.ca about a black Labrador retriever she had bought from the family-run business in April 2002. Her seven-page post outlined how severe hip dysplasia forced her to put down the dog, whom she called Kaiger. She then went on to say online that Blaze, a golden Labrador retriever given to her by Paws R Us as a replacement, turned out to have a variety of medical problems, which have since been diagnosed as epilepsy. She has repeated these statements in her defence to the suit filed by Paws R Us. The post ignited a firestorm on the Web: 7,000 hits and 200 responses in just a few days. Dozens of other dog owners, many from Quebec and Ontario, came forward with stories of their own about Paws "R" Us, a 300- to 500-dog kennel that sells close to 30 breeds. Paws "R" Us fired off a lawyer's letter to www.pets.ca threatening a defamation suit if the post and the comments it generated were not removed. They were deleted immediately. The kennel, owned by Charlene and James Labombard and their daughter Nicole, then went after Gordon, whom they recognized online despite her Web user name "Golden Blaze." The plaintiff's claim outlines how the kennel lost $9,500 in business from 16 buyers or prospective buyers who cancelled orders after reading Gordon's online comments. The company also is unhappy with a petition Gordon posted online that has collected more than 1,000 signatures. The case, according to specialists in Internet law, is among the first to focus on comments made in cyberspace by animal welfare activists. They add it could provide valuable guidelines to the millions of online bloggers, Internet posters and Web browsers who are more apt to turn to the Web than to the Better Business Bureau. Under scrutiny from what has been labelled "citizen journalism," companies are beginning to fight back. "Just because the technology has changed doesn't mean the fundamentals of libel law have," said Luc Barrick, the lawyer representing Paws "R" Us. Gordon said she remains committed to what she posted online despite the fact she is struggling with a legal bill she can't afford to pay. "I didn't say anything wrong," she said at her home. "I went online to see if anybody knew anything about the kennel. "My (new) dog was sick." Her lawyer, Terrance Green, this week filed a "defendant's claim" seeking $10,000 in damages. Gordon's countersuit contends she already has spent $1,681.96 on veterinary care for her two dogs and she will have to spend close to $8,000 to treat Blaze's epilepsy. "Our defence is she has not defamed Paws "R" Us because what she stated about her dogs' health problems was true," Green said. A date for a preliminary hearing at the small claims division of Ontario Superior Court in Ottawa has yet to be scheduled. Pierre Barnoti, executive director of the Montreal Society for the Prevention of Cruelty to Animals, said he is concerned about the case and the message it sends. The Montreal SPCA has inspected Paws "R" Us several times, most recently four months ago, as a result of complaints, he said. "People should not be muzzled," Barnoti said. "Pet owners should be able to share what has happened to them." He acknowledged he did not read Gordon's post or any of the others that followed, but noted the thousands of dog-related forums, blogs and mailing lists on the Web help pet owners remain informed, especially about animal welfare issues. Because there is a lack of enforcement of Quebec's animal welfare law, Barnoti said, the Internet has allowed dog owners to inform one another about disreputable dog breeders. ccornacchia@thegazette.canwest.com http://www.canada.com/montrealgazett...5df57b&k=74429
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