WELLAND, Ont. (January 8, 2018)— The Niagara Peninsula Conservation Authority (NPCA) has reviewed the decision by Justice Ramsay dated January 5th, 2018 regarding costs related to its case with Mr. Ed Smith.
The NPCA stands by its decision to defend its employees and the organization itself.
Prior to taking this matter to Court, the NPCA, through its counsel, asked Mr. Smith to retract and correct the most offensive statements in his document on 3 separate occasions. Mr. Smith refused to do so. This was never about silencing an individual asking questions; it was about correcting defamatory statements made against an NPCA employee, and the organization as a whole.
The NPCA and its Board of Directors are grateful to the Court for finally correcting the record by confirming that Mr. Smith’s claims were false. The legislation for this type of lawsuit sets a very high presumption in favour of a cost order, which is why NPCA was ordered to pay Mr. Smith’s fees. Had Mr. Smith’s original document been corrected, there would have been no case, and therefore no associated costs.