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  • From Gregory Carr@21:1/5 to drsto...@gmail.com on Mon May 2 06:25:08 2022
    On Sunday, 17 April 2022 at 15:40:03 UTC-7, drsto...@gmail.com wrote:
    https://www.gangsterismout.com/2022/03/multiple-bikers-killed-in-fayetteville.html

    VERY LONG POST: Dr. Stoxxman AKA Ace Ventura AKA Daryl MacAskill Loses Lawsuit Admits To Being Penniless. Ordered To Remove Postings From His Blogs Or Go To Jail. $190k Judgement Against Him More To Come In Special Damages.
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    Gregory Carr
    1 May 2022, 15:35:02 (15 hours ago)
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    IN THE SUPREME COURT OF BRITISH COLUMBIA
    Citation: Canada Easy Investment Store
    Corporation v. MacAskill,
    2022 BCSC 202
    Date: 20220209
    Docket: S236505
    Registry: New Westminster
    Between:
    Canada Easy Investment Store Corporation
    and Ralph van der Walle
    Plaintiffs
    And:
    Daryl MacAskill
    Defendant
    Before: The Honourable Mr. Justice Riley
    Reasons for Judgment
    In Chambers
    Counsel for the Plaintiffs: S.K. Patro
    No appearance on behalf of the Defendant,
    Daryl MacAskill:
    Place and Date of Hearing: New Westminster, B.C.
    January 13–14, 2022
    Place and Date of Decision with Written
    Reasons to follow:
    New Westminster, B.C.
    February 2, 2022
    Place and Date of Judgment: New Westminster, B.C.
    February 9, 2022
    Canada Easy Investment Store Corporation v. MacAskill Page 2
    Introduction
    [1] These are reasons for judgment on two separate applications brought by the plaintiffs Canada Easy Investment Store Corporation and Mr. van der Walle in a defamation action against the defendant Mr. MacAskill. The plaintiffs allege that the
    defendant defamed them by posting false and inflammatory statements about them on various blogs and websites, and by sending emails to various third parties forwarding links to the defamatory posts. Shortly after filing their notice of civil claim,
    the plaintiffs applied for and obtained an interlocutory injunction prohibiting the
    defendant from publishing any further allegations about them; the plaintiffs allege
    that the defendant proceeded to breach that interlocutory injunction on more than 20
    occasions. The two separate applications dealt with in these reasons are: (i) a summary trial application seeking judgment in favour of the plaintiffs, and (ii) an
    application seeking to hold the defendant in contempt of court for violating the terms
    of the interlocutory injunction.
    Service of the Applications on the Defendant
    [2] Before dealing with the merits of the applications, I will address the question
    of service.
    (i) Service of the Summary Trial Application
    [3] Rule 8-1(8) of the Supreme Court Civil Rules (“Rules”) provides that a summary trial application must be served on the opposing party at least 12 business
    days before the hearing date. In this case, the hearing commenced on 13 January 2022, so the materials had to be served no later than 23 December 2021.
    [4] I have been presented with an affidavit of service indicating that the defendant Mr. MacAskill was served with the notice of application and all supporting
    materials on 10 December 2021. Service was effected by delivering the materials to
    Mr. MacAskill’s email address, listed as an address for service in his response to
    civil claim. There is evidence within the application record showing that
    Mr. MacAskill has continued to use that email address to correspond directly with the
    plaintiff Mr. van der Walle, and with plaintiff’s counsel Mr. Patro, up until as recently
    Canada Easy Investment Store Corporation v. MacAskill Page 3
    as November of 2021. I am aware that Mr. MacAskill has also used this email address to communicate with Supreme Court Scheduling as recently as 13 January 2022, the first day of the hearing.
    [5] The hearing of this matter was to be via Microsoft Teams. That is indicated on
    the notice of application. It is also clear from the relevant notices to the public that at
    this point in time, given the ongoing COVID-19 public health emergency, all chambers applications are being heard via Microsoft Teams. Ms. Dixon, Manager of
    Supreme Court Scheduling, confirmed in an email to Mr. MacAskill on 13 January 2013 that the relevant Microsoft Teams link had been sent to him. Mr. MacAskill responded to that email by indicating that as far as he is concerned, this entire case
    is “shelved” for reasons that I will not get into in this ruling. It is not for Mr. MacAskill
    to unilaterally declare that the proceedings are “shelved”. Ms. Dixon replied to
    Mr. MacAskill stating that the matter was set for hearing commencing on 13 January
    2013, the Microsoft Teams link had been sent to him, and if he did not attend the
    judge could proceed with the hearing in his absence. That is precisely what I decided to do.
    [6] I am satisfied that Mr. MacAskill was properly served under the Rules. Counsel for the plaintiffs has done everything that is reasonably within his power to
    make Mr. MacAskill aware of the hearing. Mr. MacAskill had notice of the hearing
    and chose not to attend. The plaintiffs should not be held hostage to Mr. MacAskill’s
    unilateral decision not to participate in the process despite being given ample opportunity to do so.
    (ii) Service of the Contempt Application
    [7] Rule 22-8(11) states that a party applying for a contempt order must serve the
    alleged contemnor with notice and a supporting affidavit at least seven days before
    the hearing. Under Rule 4-3(1)(i), “unless the court otherwise orders”, a contempt
    application must be served personally.
    [8] In this case, counsel for the plaintiffs applied for and was granted an order for
    substituted service of the contempt application. The order for substituted service was
    Canada Easy Investment Store Corporation v. MacAskill Page 4
    granted by Master Elwood on 15 December 2021. It provided that Mr. MacAskill could be served by “alternative method”, namely by delivering the materials to
    Mr. MacAskill’s email and that such service would be “deemed good service”. The
    basis for obtaining an order for substituted service was fully set out in an affidavit
    filed before Master Elwood. I am not going to review the details here, beyond indicating that plaintiff’s counsel put before the court serious concerns related to
    prior efforts to locate and personally serve Mr. MacAskill. Master Elwood was obviously satisfied that those concerns justified an order for substituted service.
    [9] I have been presented with an affidavit of service proving that Mr. MacAskill
    was in fact served with a copy of the contempt application by email on 17 December
    2021. The supporting materials had previously been served on Mr. MacAskill by email on 10 December 2021. The email address is listed on Mr. MacAskill’s response to civil claim and it is the email address that he has habitually used in
    corresponding both with the plaintiff himself and with plaintiff’s counsel throughout
    the litigation. I note, as well, that Mr. MacAskill has corresponded with the Manager
    of Supreme Court Scheduling in New Westminster using this email address as recently as 13 January 2021, the first day of the two-day hearing before me. [10] I will not repeat what is said above about Mr. MacAskill’s communications
    with Supreme Court Scheduling or the steps that have been taken to allow
    Mr. MacAskill to attend this hearing by Microsoft Teams. Once again, with respect to
    the contempt application, I am satisfied that Mr. MacAskill was served in compliance
    with the Rules, had notice of the hearing, and has chosen not to attend.
    [11] I repeat that the plaintiffs should not be held hostage to Mr. MacAskill’s
    unilateral decision not to participate in the process. There is case law under Rule 22-
    8(11) holding that where the alleged contemnor has been duly served and does not
    attend, the court can proceed in his or her absence: see Law Society of British Columbia v. Gorman, 2011 BCSC 1484 at paras. 11–15 and the cases cited therein.
    Canada Easy Investment Store Corporation v. MacAskill Page 5
    Facts
    [12] The corporate plaintiff Canada Easy Investment Store Corporation (“Canada
    Easy Invest”) is a British Columbia company with a registered office in Surrey. B.C.
    The personal plaintiff Mr. van der Walle is an officer and director of Canada Easy
    Invest.
    [13] Canada Easy Invest runs an investment fund, the Western Canada Monthly Income Fund, that provides financing for various ventures, including a real estate
    development in the Comox Valley called the Beach House at Saratoga (the “Beach
    House development”). Mr. van der Walle is Canada Easy Invest’s compliance officer
    and he is an authorized dealer of the company’s investment products.
    [14] The defendant Mr. MacAskill has no apparent personal or business connection with either Canada Easy Invest or Mr. van der Walle. Mr. MacAskill is the
    creator, or at least the person in control of several blogs, which I will refer to as the
    Dr. Stoxxman blog and the Gangsterism Out blog. The particular web addresses for
    these blogs are included in the evidence, but I do not consider it necessary to list
    them in my reasons. Mr. MacAskill uses these blogs to publish stories, reports, and
    opinion pieces on the internet through a service operated by Blogger. As I will describe below, there is ample evidence in the record to establish that Mr. MacAskill
    is the person in control of and responsible for the posts on these two blogs. Mr. MacAskill often uses the email address [content redacted]. The contact name for
    that email account is Ace Ventura. In other words, when one types in that email address, the contact name Ace Ventura appears as the name of the email recipient.
    [15] Commencing in or about September of 2020, Mr. MacAskill started making blog posts referring to Canada Easy Invest and Mr. van der Walle. The initial post
    appeared on the Dr. Stoxxman Blog. The title of the post refers to Mr. van der Walle
    by name. It purports to review his past business experience and current business
    activities using phrases like “dodgy real estate projects”, “scam real estate projects”,
    and “securities scams”.
    Canada Easy Investment Store Corporation v. MacAskill Page 6
    [16] I will pause my review of the narrative here to note that the plaintiffs have
    consistently maintained that Mr. MacAskill’s allegations of dishonesty and impropriety are false and entirely without foundation. On the record before me, Mr. MacAskill has never produced a shred of evidence to support his allegations.
    [17] To continue with the narrative, the plaintiffs retained counsel to assist in
    nipping these blog posts in the bud. On 20 January 2021, the solicitor for the plaintiffs sent a cease and desist letter to Mr. MacAskill at the Dr. Stoxxman email
    address. The next day, Mr. MacAskill sent a reply email stating that: (i) the cease
    and desist letter had, for some reason, been sent to the B.C. Securities Commission;
    (ii) Mr. MacAskill would accept service of documents by email; (iii) he would be
    moving his blog posts about Canada Easy Invest and Mr. van der Walle to his “flagship blog”, which “currently serves about 6,000 eyeballs per day”; and (iv)
    according to Mr. MacAskill, “[t]he public need to be warned about open scum doing
    their scams in the clear open”. There was a link in the email to the Gangsterism Out
    blog.
    [18] Some time around 4 February 2021, the initial post from the Dr. Stoxxman Blog appeared on the Gangsterism Out Blog.
    [19] On 8 March 2021, the plaintiffs filed a notice of civil claim alleging defamation
    and seeking general damages, special damages, aggravated damages, punitive damages, and a permanent injunction.
    [20] The plaintiffs subsequently applied for an interim injunction against the defendant. On 26 March 2021, after a hearing attended by Mr. MacAskill, Mr. Justice
    Blok granted an interlocutory injunction prohibiting him from publishing any accusatory or disparaging allegations regarding the honesty, trustworthiness, reputation, or alleged improper behaviour of the plaintiffs, their counsel, and their
    agents, in any forum whatsoever. The order also compelled Mr. MacAskill to remove
    the offensive posts from the Gangsterism Out and the Dr. Stoxxman blogs.
    Mr. MacAskill was in court when Blok J. made the order, and an entered copy of the
    order was later emailed to him at the Dr. Stoxxman email address, which is the email
    Canada Easy Investment Store Corporation v. MacAskill Page 7
    address listed on his response to civil claim. As explained above, when one types
    that email address, the name of the email recipient automatically changes to Ace
    Ventura.
    [21] Initially, Mr. MacAskill complied with the interim injunction by removing the
    subject blog posts and ceasing any further posts about the plaintiffs. However, Mr. MacAskill subsequently renewed his campaign against the plaintiffs by publishing derogatory posts about them, as described below.
    [22] On 6 April 2021, Mr. MacAskill filed his response to civil claim. In it, he alleges
    that: (i) Mr. van der Walle is running a “Ponzi scheme” or “classic Ponzi securities
    fraud” targeting mostly seniors in British Columbia; (ii) Mr. van der Walle’s projects
    are “designed to fail”, with the intent of committing a “theft” upon the public’s
    retirement savings; (iii) Mr. van der Walle offers perjury as easily as his fraudulent
    investments to British Columbia seniors; and (v) Mr. van der Walle is a “securities
    conman” who “targets seniors”.
    [23] I do not suggest here that the response to civil claim is itself a defamatory
    publication; it is a court filing, not a publication. However, the only form of “defence”
    that I can glean from Mr. MacAskill’s response to civil claim is a plea of justification;
    that is, an assertion that the statements Mr. MacAskill is alleged to have published
    are justified because they are true. Of course, the response to civil claim is not
    evidence of anything, and to make out a defence of justification the defendant would
    have to tender admissible evidence to support his public allegations against the
    plaintiffs.
    [24] I am not going to review all of the subsequent posts. I will simply summarize
    the evidence by noting that between 20 May 2021 and 24 September 2021 inclusive,
    at least nine separate posts appeared on the Gangsterism Out blog. In a post on 20
    May 2021, Mr. MacAskill referred to the defamation action brought by the plaintiff
    Mr. van der Walle. The post complained that upon filing the action, Mr. van der Walle
    was able to obtain “instant high court relief” for “the most insulting claims of
    defamation”, in this case a “Ponzi scheme on seniors”. Beginning in August of 2021,
    Canada Easy Investment Store Corporation v. MacAskill Page 8
    there were a series of posts about the Beach House development, including allegations that: (1) the vendors were making false claims in the marketing of condominium units, and were trying to “unload” sales contracts for “imaginary units”;
    (2) the developers were “clowns” who “have never built a damn thing” and “have no
    problem pretending otherwise”; (3) the developers did not have a real office and
    used a fictitious business address; (4) the development permit had expired or was
    going to expire such that all of the contracts for unit sales were void; and (5) the
    general contractor had nothing to do with the project, and the development was “without a general contractor”, such that those responsible for the project were
    “whistling out their fraudulent assholes”.
    [25] There were also posts about the Western Canada Monthly Income Fund, including: (1) a suggestion that the fund was insolvent, appearing alongside a picture
    of a sinking ship; and (2) a series of posts referencing the passing away of Mr. Fowler, one of the fund’s principals. These posts asserted that Mr. Fowler’s
    death had to be formally disclosed to investors and the failure to do so was a securities offence, and that Mr. Fowler’s passing would entitle purchasers of condo
    units at the Beach House to walk away from their investment and demand the return
    of their deposits. Finally, there were several posts about Viet Do, a real estate agent
    said to have been involved in selling one or more condominium units at the Beach
    House development.
    [26] In terms of the connection between these blog posts and the plaintiffs Canada
    Easy Invest and Mr. van der Walle, I note several things. First, the Western Canada
    Monthly Income Fund is a real estate investment fund administered by the corporate
    plaintiff Canada Easy Invest. Second, the Beach House development is financed by
    the Western Canada Monthly Income Fund. Third, Mr. Fowler is one of the principals
    of the Western Canada Monthly Income Fund. Fourth, Mr. MacAskill sent a number of emails from the Dr. Stoxxman email account to Mr. van der Walle, his counsel,
    and others, including officials at the British Columbia Securities Commission, attaching links to the updated Gangsterism Out posts I have just described. One of
    these emails states, in part, “[my] involvement started with a lawsuit from one Ralph
    Canada Easy Investment Store Corporation v. MacAskill Page 9
    van der Walle. His partners in crime are Mr. Fowler and Mr. Warren Stevenson.”
    Thus, there is evidence that Mr. MacAskill himself clearly drew a link between the
    plaintiffs and the blog posts, referencing, among other things, the Beach House development and Mr. Fowler.
    [27] The plaintiffs allege that the blog posts I have just described were both defamatory and constituted breaches of the interim injunction. On the defamation
    point, I note that the plaintiffs have filed and served an amended notice of civil claim
    adding these blog posts to their claim. With regard to the interim injunction, it
    prohibited Mr. MacAskill from publishing allegations or accusations against not just
    the plaintiffs themselves, but also their agents, a term that would clearly include the
    general contractor for the Beach House development, the Western Canada Monthly Income Fund, and its principals, including Mr. Fowler.
    [28] Mr. MacAskill also sent a series of emails to Mr. van der Walle and to the plaintiff’s counsel Mr. Patro demanding payment of money, allegedly for “settlement”
    of the claim brought by the plaintiffs. Although there is a body of law providing that
    “settlement discussions” are privileged, I do not find that Mr. MacAskill’s emails
    qualify for a number of reasons. To begin with, the emails are unsolicited, are clearly
    not part of a settlement dialogue, and are not marked “without prejudice”. Indeed, at
    a certain point counsel for the plaintiffs informed Mr. MacAskill that his clients were
    not interested in his alleged settlement proposals, which counsel fairly regarded as
    attempts at extortion. Furthermore, Mr. MacAskill himself copied or forwarded some
    of the emails to third parties wholly unconnected to the lawsuit, including officials at
    the British Columbia Securities Commission, thus indicating no desire on
    Mr. MacAskill’s part to keep them confidential. Finally, having regard to the content
    of the emails which I will describe in a moment, no reasonable person could regard
    them as genuine offers to settle litigation. They are, rather, threats and demands for
    money in the nature of shakedowns. I conclude that these emails amount to an abuse of process and are therefore not protected by the law of settlement privilege:
    see R. v. Delchev, 2015 ONCA 381 at para. 34 applying Sable Offshore Energy Inc.
    v. Ameron International Corp., 2013 SCC 37 at para. 19.
    Canada Easy Investment Store Corporation v. MacAskill Page 10
    [29] That brings me to the content of the emails Mr. MacAskill sent to Mr. van der
    Walle, counsel for the plaintiffs, and others, demanding money. Mr. MacAskill sent
    the first of these emails to Mr. Patro on 15 March 2021. I should note that Mr. van
    der Walle was not a party to this email, so technically he is not in a position to
    identify it as having actually been sent by Mr. MacAskill. In that sense, the copy of
    the email attached to Mr. van der Walle’s second affidavit is hearsay. However,
    Mr. MacAskill referred to the substance of this email in a subsequent email that he
    sent directly to Mr. van der Walle, so in that sense Mr. MacAskill’s subsequent email
    adopted the contents of the prior email to Mr. van der Walle’s lawyer Mr. Patro.
    Returning to the narrative, Mr. MacAskill’s 15 March 2021 email to Mr. Patro stated
    that “for the amount of $5,000” Mr. MacAskill would “remove material and accept a
    payment in that amount for settlement of all claims”.
    [30] Then on 22 March 2021, Mr. MacAskill sent an email directly to Mr. van der Walle asking, “Did that crooked [racist word deleted] tell you I’d settle for $5k?”.
    Mr. MacAskill went on to explain that “for less than what it’s costing you”
    (presumably in legal fees), he would “remove that which is twisting those Ponzi
    panties of yours”, and he would “bury this”. The email concluded by referring to
    Mr. van der Walle as a “wicked crooked goofy crook”.
    [31] In a subsequent email dated 22 March 2021, Mr. MacAskill increased his demand to $10,000. In an email to Mr. van der Walle and his counsel on 7 May 2021, Mr. MacAskill stated that he was “1,000% judgment proof and indigent meaning this costs me zero and you will never collect a red cent from me”. In subsequent emails, Mr. MacAskill said the deadline had passed and promised no further settlement proposals.
    [32] Regrettably, Mr. MacAskill was not true to his word. On 28 May 2021
    Mr. MacAskill sent an email directly to Mr. van der Walle demanding that Mr. van der
    Walle “settle pronto” or Mr. MacAskill would “gleefully [expletive] for $100k plus”.
    Read together with the other emails, I interpret this to mean that if Mr. van der Walle
    did not pay the money Mr. MacAskill was demanding, Mr. MacAskill would cause Canada Easy Investment Store Corporation v. MacAskill Page 11
    Mr. van der Walle to run up legal costs in excess of $100,000. In another email on
    the same day, Mr. MacAskill made a demand to “pay me off”.
    [33] On 12 July 2021, Mr. van der Walle sent another email with a subject line that
    read “$5k by Friday”. The body of the email continued from there, stating “or $40k
    thereafter”, and that Mr. MacAskill “will offer no further settlement terms” after the
    expiration of this deadline. It concluded with an assertion that Mr. van der Walle was
    “a conman and a bully” who deserved “public retribution” for his “grossly unethical
    conduct”. Mr. MacAskill later forwarded that email to a number of other individuals,
    including Mr. Patro and various third parties with no direct connection to the lawsuit
    brought by the plaintiffs against Mr. MacAskill. I should note that Mr. MacAskill also
    sent emails directly to Mr. Patro, to which Mr. van der Walle was not a party. As I
    have discussed above, Mr. van der Walle is not in a position to properly identify and
    tender these emails as attachments to his affidavit because he was not a party to
    them. They are hearsay.
    [34] Mr. MacAskill also sent emails directly to Mr. van der Walle and various third
    parties attaching links to his blog posts. As these emails were sent to individuals
    other than the plaintiffs or their counsel, they are evidence of publication as discussed in my legal analysis below.
    [35] I conclude my review of the facts by noting that, while the plaintiffs have no
    burden of doing so, they have placed evidence before the court to refute many of the
    allegations in Mr. MacAskill’s published statements about them. I am not going to
    review all of this evidence here, although I may refer to some specific aspects in my
    analysis.
    [36] There are two additional procedural developments in the case that are of note. These events do not form part of the application record in either the summary
    trial or the contempt application, but are merely included in my summary of facts as
    part of the narrative of the case.
    Canada Easy Investment Store Corporation v. MacAskill Page 12
    [37] On 8 July 2021, Mr. MacAskill filed a notice of application to stay or dismiss
    the action against him pursuant to the Protection of Public Participation Act, S.B.C.
    2019, c. 3 [Protection of Public Participation Act]. In that application, Mr. MacAskill
    asserted that he was the author of “dozens of blogs, some related to securities
    scams, and others related to crime”, and that Mr. van der Walle’s “operation” is “a
    matter of public interest by virtue of his continuous solicitation of the public for their
    retirement savings”. Mr. MacAskill’s notice further alleges that he “reported truthful
    facts and did so accurately”. It then goes on to recount or summarize some of the
    allegations made against Mr. van der Walle. Mr. MacAskill’s application for an order
    under the Protection of Public Participation Act came on for hearing before me on 1
    October 2021. It was dismissed because Mr. MacAskill did not attend the hearing and could not be reached despite considerable effort to give him an opportunity to
    speak to the matter. The application was dismissed on terms allowing Mr. MacAskill
    the right to renew it upon being granted leave of the court to do so. Mr. MacAskill
    never sought leave to renew the application. As I have noted above, the plaintiffs did
    not include the details of this application in the record for the two applications now
    before me, the summary trial, or the contempt application. Although the plaintiffs
    would arguably have been permitted to rely on the assertions in Mr. MacAskill’s
    pleadings as admissions on his part, they did not seek to do so, and I will not place
    any reliance on any of these assertions for the purposes of determining whether the
    plaintiffs have proven their case in either the summary trial or the contempt application.
    [38] On 16 September 2021, the plaintiffs filed an application to have
    Mr. MacAskill found in contempt of court for violating the terms of Blok J.’s interim
    order dated 26 March 2021. The application also sought additional interim injunctions prohibiting Mr. MacAskill from contacting any known or alleged business
    partners, investors, or clients of the plaintiffs—in other words, a no contact order.
    The application came on for hearing on 14 October 2021. Mr. MacAskill did not attend the hearing. Blok J. granted the no contact order, and adjourned the application for an order of contempt.
    Canada Easy Investment Store Corporation v. MacAskill Page 13
    (1) Summary Trial Application
    (a) Elements of the Tort of Defamation
    [39] In an action for defamation, the plaintiff must establish on a balance of probabilities that the defendant was the author of the allegedly defamatory statements: Hudson v. Myong, 2020 BCSC 517 at paras. 128–130 [Hudson]. The plaintiff must also prove the three elements of defamation, namely: (a) that the
    impugned statements were defamatory; (b) that the words in fact referred to the plaintiff; and (c) that the statements were published, meaning that they were communicated to at least one other person: Grant v. Torstar Corp., 2009 SCC 61 at
    para. 28 [Grant]. Defamation is a strict liability tort, meaning that the plaintiff is not
    required to prove intent to harm or even carelessness on the part of the defendant.
    Once the essential elements of the cause of action are made out, the onus shifts to
    the defendant to establish a defence: Grant at para. 29.
    [40] In the case at bar I have no difficulty concluding that Mr. MacAskill was the
    author of the statements which are the subject of this defamation action. The publications first appeared on the Dr. Stoxxman blog. This provoked a cease and desist letter, which in turn generated a response from the Dr. Stoxxman email account. The same email cross-referenced the author’s “flagship blog”, the
    Gangsterism Out blog. Mr. MacAskill was served personally with the notice of civil
    claim and responded to it. Thereafter, there were posts on the Gangsterism Out blog
    complaining about the effects of the interim injunction in this particular case on
    “[y]our author”, who I infer is Mr. MacAskill, considering that he is the only defendant
    named on the interim injunction. Moreover, some of the emails from the
    Dr. Stoxxman email address make explicit references to the litigation itself. An
    example is an email dated 25 May 2021 from the Dr. Stoxxman email account to Mr. van der Walle, referring to an interim application in the court case in which
    Mr. MacAskill is named as the sole defendant. Finally, one of the emails from the
    Dr. Stoxxman account, dated 23 August 2021, refers to the defamation suit brought
    by Mr. van der Walle and concludes by giving the author’s name as Daryl MacAskill.
    Mr. MacAskill sent this email to the British Columbia Financial Services Authority,
    Canada Easy Investment Store Corporation v. MacAskill Page 14
    and then forwarded it to a number of other people, including Mr. van der Walle. I
    conclude that there is abundant evidence linking the defendant Mr. MacAskill to the
    Dr. Stoxxman email account, and abundant evidence showing that Mr. MacAskill was the author of the posts on both the Dr. Stoxxman blog and the Gangsterism Out
    blog.
    [41] With regard to the first element of defamation, the plaintiffs must prove that
    the impugned statements are defamatory. I have no difficulty concluding that a reasonable person would find the subject blog posts to be defamatory, in the sense
    that they “lower the reputation of the plaintiff in the estimation of right-thinking
    members of society generally, or expose the plaintiff to hatred, contempt, or ridicule”:
    Hudson at para. 105.
    [42] Turning to the second element, I am satisfied that the blog posts refer to the
    plaintiffs. The original blog post refers to Mr. van der Walle by name and also clearly
    references the corporate plaintiff. At least one subsequent post also refers to Mr. van
    der Walle by name, alleging his involvement in a Ponzi scheme on seniors. The subsequent posts refer to other individuals and entities, but I outlined the link
    between those posts and the plaintiffs and their business activities in my review of
    the facts above. In addition to the content of the blog posts themselves, from which
    one can readily infer a link to the plaintiffs and their business activities, there are
    also Mr. MacAskill’s emails to Mr. van der Walle and other individuals, attaching
    links to the posts. These emails are evidence of the link drawn by the author of the
    posts to the plaintiffs in this action.
    [43] With regard to the third element, proof of publication, the law requires proof
    that the defamatory meaning was conveyed to at least one third party who actually
    read it: Hudson at para. 111, citing Crookes v. Newton, 2011 SCC 47 at para. 16.
    Although there is no presumption that material placed on the internet has been “published”, a court may infer publication, and in doing so may take into account the
    modern realities of information dissemination via the internet: Hudson at para. 112,
    citing Bernstein v. Poon, 2015 ONSC 155 at para. 94; Hee Creations Group Ltd. v.
    Canada Easy Investment Store Corporation v. MacAskill Page 15
    Chow, 2018 BCSC 260 at paras. 74–85; Holden v. Hanlon, 2019 BCSC 622 at paras. 59–66.
    [44] I should note that some of the evidence relied upon by the plaintiffs is hearsay
    and I expressly decline to rely on it. In particular, Mr. van der Walle’s fourth affidavit
    refers to email enquiries that he received either directly or indirectly from third parties
    claiming to have read one or more of the posts. These emails are hearsay accounts
    offered by third parties who have not sworn affidavits. To provide admissible evidence of these facts, the plaintiffs would have had to tender affidavits from the
    individuals claiming to have read the posts. They did not do that.
    [45] Still, even without that direct evidence, there is a wealth of other evidence

    [continued in next message]

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