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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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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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:
And...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.
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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Anyone have a good meme for this yet? I must send it to my buddy the Sens fan. Seriously .
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UPDATE AUG 31: New article written by SHAAMINI YOGARETNAM, who broke the original story.
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Thanks for posting?
I don't know what's taking so long to figure this out?
Considering people's reputations are being trashed, rightly, or wrongly?
Is it really that hard to figure out.
I consider myself a low tech redneck? LOL
But come on. Let's get to the bottom of this and move on?
Thanks.
Stepping off soap box now.
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So what I take away from that article is that no link to Caryk posting those not so nice things online could be found/proven. Wouldn't it be interesting if she didn't do it and Karlsson's wife falsely accused her based on her feelings. In the end, if Caryk is vindicated, Hoffman wins - he got traded away from the tire fire and is taking home more money thanks to the income tax rules in Florida.
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My takeaway is there's no proof on at least some of the posts in question. But there was definitely something them not getting along. Monika Caryk's comment about being irked with someone not liking their social media posts is hilarious though and revealing.
I think this will ultimately go down as one of the many court cases that drags on forever and not much comes from it.
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