KSA files second defamation suit

[ KSA settles defamation suit- Updated Feb. 7, 2012]

Student association sues SFU Peak newspaper; gets court order to find out identity of KSA Truth website owner.

By Matt DiMera
[news editor]

The Kwantlen Student Association (KSA) has filed a second defamation lawsuit, this time against the Simon Fraser University student newspaper, the Peak.

Notice of a civil claim was filed in the B.C. Supreme Court Oct. 21 on behalf of the KSA and president Harman “Sean” Bassi, alleging The Peak “falsely and maliciously printed” defamatory statements about them “with the intent of increasing sales of the Peak newspaper” and to increase the prominence and further the career of reporter Sam Reynolds.

The suit claims that a Sept. 19 story in The Peak falsely alleged, among other things, that KSA president Harman Bassi “channels Moammar Gadhafi,” and by way of innuendo meant to say that Bassi is a dictator, is guilty of abuse of power, and is not of good character.

It further alleges that The Peak made no effort to verify the accuracy of the allegedly defamatory statements and that they did not contact the KSA or Bassi for comment.

The suit also claims that The Peak falsely claimed that Bassi and the KSA are corrupt, consolidate power, are involved in drug trafficking and misuse funds.

None of the claims made by the KSA and Bassi have been proven in court, and those named in the claim have yet to file a statement of defence.

The suit seeks an injunction “restraining the Defendants from further writing, printing or broadcasting or causing to be written, printed or broadcast or otherwise publishing of the Plaintiffs the alleged or any similar defamation.”

According to the suit, the KSA’s lawyers demanded a retraction and apology on four separate occasions from The Peak, but the apology published by the newspaper wasn’t published with the same prominence as the original allegedly defamatory statements.

Reporter Sam Reynolds, features editor Kelly Thoreson and the Peak Publications Society are all named as defendants.

It also claims that Bassi and the KSA have been “greatly injured in their reputation, and have been brought into public scandal, odium and contempt.”

The KSA and Bassi are also seeking general, special, aggravated and punitive damages and costs.

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The Kwantlen Student Association made news earlier this semester when they filed a defamation suit against the ksatruth.ca website.

A court order was issued Nov. 1 ordering Go Daddy Canada Inc. to disclose the identity of the account holders associated with the ksatruth.ca website within seven days, including any IP addresses, names, and physical addresses.

The KSA and director of finance Balninna Sandhu filed a notice of civil claim in B.C. Supreme Court Sept. 1 against the unknown publisher or publishers of the ksatruth.ca website. That suit was amended Oct. 13 to include 19 new pages from the website that were added after the lawsuit was first filed.

The amended claim now also alleges that the website falsely accuses Sandhu and the KSA of being petty, vindictive and mean, being bullies, lacking ethics, living the high life as a result of theft from students at Kwantlen Polytechnic University, being liars, having no regards for rules or regulations, being secretive and being immature.

Sandhu said she was unable to comment on the case.

“I can’t tell you the official stance, like what’s going on in terms of the proceedings,” she said. “But it is moving along and it is before the courts now.”

The claim is also seeking general, special, aggravated and punitive damages and costs. It refers to the website publisher as John Doe, stating that the KSA does not know their identity.

None of the claims made by the KSA and Sandhu have been proven in court, and those named in the claim have yet to file a statement of defence.

The original suit seeks an interim and permanent injunction preventing the operator of ksatruth.ca from publishing the allegedly libelous statements online or in print and also preventing any other parties from “publishing or causing to be published any material on the internet or otherwise from the Defendant which pertains directly or indirectly to the Plaintiffs.”

The original claim further alleges that the website falsely accuses Sandhu and the KSA of being dishonest or crooked, corrupt, thieves, incompetent and unaccountable, lacking transparency, stealing money receive from students at KPU for personal gain, mismanaging funds received from students at KPU, being outrageous and scandalous in their actions and having deliberately set out to obfuscate and hide monetary transaction for their own personal benefit.

The claim also alleges that the unknown publishers of the website have defamed the KSA and Sandhu in online postings, and conversations or emails.

It also alleges that the website is “dedicated to lowering the way the Kwantlen Student Association and its directors, including Sandhu, are perceived by society by exposing it to contempt and ridicule.

The claim alleges that the domain name for ksatruth.ca was registered Feb. 11, 2011. and began publishing allegedly defamatory material Aug. 22, 2011.

The suit also claims that the KSA and its directors including Sandhu “have been greatly injured in their character, credit, and professional reputation, and have suffered damage.

The claim further alleges that the alleged defamation was “part of a deliberate campaign to defame the Plaintiffs to as broad an audience as possible.”