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Thread: The Karlsson's stalker

  1. #136
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    Default Re: The Karlsson's stalker

    Quote Originally Posted by lucafen4 View Post
    Now just imagine... the Karlsson's are WRONG.. the Hoffman's are innocent. The Libel suite they could come back with!!
    Keep in mind the Karlssons did not go public with this or make some sort of scene. They quietly went out and got the law involved back in May. Some reporter discovered it and it blew up from there. I don’t know that the Karlssons have exposed themselves to any libel issues. The court granted the protection order which tells me there was some modicum of proof required? I don’t know what Canadian law requires...
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  2. #137
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    Default Re: The Karlsson's stalker

    Quote Originally Posted by tweetdrivr View Post
    Keep in mind the Karlssons did not go public with this or make some sort of scene. They quietly went out and got the law involved back in May. Some reporter discovered it and it blew up from there. I don’t know that the Karlssons have exposed themselves to any libel issues. The court granted the protection order which tells me there was some modicum of proof required? I don’t know what Canadian law requires...
    that's a really good point.. I'm sure they now have a lawyer to advise them.
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  3. #138
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    Default Re: The Karlsson's stalker

    Quote Originally Posted by tweetdrivr View Post
    Keep in mind the Karlssons did not go public with this or make some sort of scene. They quietly went out and got the law involved back in May. Some reporter discovered it and it blew up from there. I don?t know that the Karlssons have exposed themselves to any libel issues. The court granted the protection order which tells me there was some modicum of proof required? I don?t know what Canadian law requires...
    Just spitballing...but even if the allegations turn out to be false, I think it would be hard to argue that the Karlsson's actions were libellous at any point. A court looked at what was provided and believed the application had enough merit. There must have been some substantive basis for the peace bond. I am not an expert but if you have a good faith belief that something is true and have a factual basis for that belief, you should be fairly safe from libel/sander charges. Really doubtful they would face any trouble with slander/libel laws, unless more information is yet to be provided that could be libellous. And I can't imagine the Hoffman side really wants people poking through their social media in another case. Paging LawMan...

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  4. #139
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    Default Re: The Karlsson's stalker

    Here is Eric Macramella's take on the whole situation. He's a lawyer who writes about the legal side of sports for Forbes and TSN.

    A couple of things stand out with what is being discussed here:
    In order to get a peace bond, the complainant Curry needed to show on a balance of probabilities (i.e., more likely than not), that she had a reasonable basis upon which to fear that the defendant Caryk would cause her personal injury or harm.
    And...

    Before the court issues its order, (from the peace bond hearing) it needs to be persuaded that the order is justified. As well, Karlsson's lawyers would also want to ensure they had good evidence that Caryk is behind the online postings. If they don't, they risk exposing their client to a claim for defamation. It is possible, then, that the lawyers went ahead and secured what's called a Norwich order, which is a pre-action discovery mechanism that forces or compels a third party like Twitter and Facebook to preserve and provide evidence in its possession to a potential plaintiff. Remember, Twitter and Facebook won't just hand over that information if you ask politely.

    A Norwich order can be quite valuable in instances where crucial information is necessary but unknown.

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    Default Re: The Karlsson's stalker

    Anyone have a good meme for this yet? I must send it to my buddy the Sens fan. Seriously .
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