Gabriel’s family members filed two separate civil liability lawsuits: the son before the Supreme Court and the mother before the Quebec Court.
They blame Mike Ward for attacking them
knowingly Based on
Iman Sei, with
intent to harmThey sought
mocking them, humiliating them [et] Expose them to public hatred or contempt.
These are personal attacks that cannot be justified in any way in the context of an offer, and cannot constitute an honest expression of a reasonable opinion on a matter of public interest.Can we read in the documents filed with the Judicial Department of Quebec on January 29, 2022.
Jeremy and Sylvie Gabriel are claiming $288,000 and $84,600, respectively, from Mike Ward. Their attorney, Me Stéphane Harvey, states that his clients’ requests are primarily intended to repair the moral damages they say they have suffered.
You haven’t healed yet
Besides financial losses, troubles and inconveniences, it is above all moral damages, I would like to tell you. The impact of these words on the lives of these people over the years. I would like to tell you that this is the engine of our pursuit, explains Lee Harvey in an interview with Radio Canada.
« They can still feel all the effects [et] The repercussions of these bad jokes. Frankly, it is not cured yet. The passage of time did not resolve matters. »
Thus, the October 29 ruling by the Supreme Court of Canada will not put an end to the legal saga between the Gabriel family and Mr. Ward.
In a deeply divided decision of five to four, the nation’s highest court concluded that the comedian’s criticisms did not violate Jeremy Gabriel’s right to dignity and equality.
The first case was heard before the Human Rights Court. The Commission on Human Rights and Youth Rights has incited against Mike Ward.
The panel criticized the comedian for making fun of Jeremy Gabriel’s disability. The singer suffers from Treacher Collins syndrome, a congenital disease characterized by deformities of the head and profound deafness.
According to the panel, the comedian’s remarks constitute discrimination on the basis of disability. I managed to get $35,000 in damages from the Quebec court for the man who was previously nicknamed
Little Jeremy. Mr. Ward appealed the conviction and took the case to the Supreme Court.
In addition to ruling on the issue of a violation of the right to dignity and equality, the Federal Court, Stephen Harvey reminds me, has held that the Human Rights Court does not have the necessary jurisdiction to rule on the complaint filed on behalf of Jeremy Gabriel, given that it is an alleged defamation case.
Anna Harvey confirms that upon reading the verdict, Jeremy Gabriel and his mother decided that
Go to the right forum.
It is really a civil liability suit where it is necessary to prove the fault of Mr. Ward, the damages and the causal relationship between the two [comme le précise] Article 1457 of the Civil CodeThe lawyer says.
He adds that since the Supreme Court did not rule on the merits of the case, his clients had a period of three months, i.e. until January 29, to continue the legal proceedings, otherwise the delay would have ended.
However, Mike Ward’s attorney, I, Julius Gray, is not of the same opinion. He sees that there is already a recipe in this file. Mr. Gray also intends to file a motion to refuse to avoid a new trial.
It is a case that can be dismissed briefly because of the prescription and also because it is not defensible in law., the lawyer argues in an interview with Radio Canada.
If the courts agree to hear the case, the lawyer is confident that his client will win his case.
If the cause is defensible […] There will be a trial in which I will prove that there is no harm and no cause [et qu’il] There was no defamation […] Remember that the burden of proof is on you [les plaignants]Gray argues.
The lawyer continues that freedom of expression, which is often inconsistent with the right to protection of reputation, does not count,
He plays a role in a lawsuit like this.
Otherwise, we can’t say anything elseJulius Gray insisted.
In collaboration with Genevieve Garonne
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