Ontario Community Newspapers

Penetanguishene Citizen (1975-1988), 4 Nov 1986, p. 7

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a a Te a Jennifer Garcia, 4, and Cameron Vipond, 4, listen to a spooky Hallowe'en tale, Three Scary Ghosts, at the Midland Small Set Nursery School Friday. That morn- ing, the children heard many stories and Spooky tales for bears and clowns Penetanguishene Police Chief Bob Cummings says the force had busy nights this weekend. Friday night, a 17-year- old male was charged with consuming alcohol under age. He'll appear in Provin- cial court later this month. Police arrested a Midland man at the Brule Soon after the party ended, the action really began: the candy was handed out. All the children dressed up, and, along \¢ " with these two, there were devils, fairies My \\\ \ and the like. . learned Hallowe'en songs at their party. EN \ No proof of harm was defense ta Midland lawyers Gord Teskey, Ross Heacock and Rod Ferguson felt that they were libelled by an adver- tisement in a May, 1983, issue of the Midland Free Press. Accordingly, they sued for libel both the author of the ad, Bill Ogilvie, and the newspaper which published it. Sheila Block, of the Toronto law firm of Tory, Tory, Deslauriers and Bin- nington, in her closing argument to a Supreme Court of Ontario jury last Wednesday, said that the complainants were unable to produce evidence that their law firm had lost, or failed to attract clients, because of the ad. The lawyers were not asking for a sum of money as damages, she said. Senior partner Gord Teskey's evidence was that the reputation of himself and his partners was not affected among the people who know him, and with whom he associates, pro- fessionally, politically, socially, or otherwise. Teskey's testimony was that the damage to the law firm's reputation was among working people who accept everything that they read in _ the newspaper, Block said. The complainants' lawyer, in his opening ad- dress, told the jury that witnesses who could say they did not use the law firm because of the ad had been subpoenaed. No one of that description was called to testify, however, Block said. According to testimony, the law firm's billings totalled $650,000 for the year ending February, 1983; $760,000 12 months later; and $887,000 24 months later. Block called the trend 'enviable growth". Testimony indicated that the lawyers are held in high esteem by their client, Tiny Township, which they have been accused of betraying, according to testimony by Tiny Township Deputy-Reeve Peter Brasher and Clerk 'Midland and area politics. Guy Maurice. Free Press publisher Omer Fontaine described the lawyers as "good corporate citizens', the Free Press lawyer told the jury. A later letter to the editor published in the Free Press, written by Anthony Lancia, a co-creator of the Tiny Township Ratepayers' Association, covered some of the same ground as the Ogilvie ad. A libel notice can "put a chill on a newspaper," Bourrie testified, Block said. Bour- rie said that a libel action can be used as a cudgel. The defence explanation of the circumstance of the acceptance of the ad was that it arrived in the hands of Free Press advertising manager Bill Wilson late on the day of May 2, 1983. Wilson lived in Wasaga Beach. He did not read the Free Press coverage of Teskey, Heacock, and Ferguson included Free Press coverage of a Tiny Township council meeting, and an ad from Ogilvie asking for witnesses to help him in his defence, as well as the ad, and the following apology, in their libel suit. His impression of Ogilvie was of a decent, honest citizen. He read enough of the writing Ogilvie presented as an advertise- ment to conclude it was an expression of Ogilvie's opinion. Wilson started at the Free Press in July, 1980. Mark Bourrie, at the time a Free Press reporter, testified that Ogilvie took care to avoid libel and The news story was pro- per coverage by the Free Press trying to do the best it could do at its job, Block said. Of the ad, Block said Ogilvie had a right to de- fend himself, and that the Waates im a 4, 'funny ad was neutral. legalese"'. ; Bourrie testified that he Board saw the ad in _ the t newspaper's composing SESSION room, before it was Dr. Elliott Barker will be guest speaker at the annual meeting of the board for the North Simcoe Catholic Family Life Centre, Nov. at pwn. late St: Margaret's Catholic Church, Midland. A special invitation is ex- tended to everyone in- terested in early childhood development. Dr. Barker is an eminent psychiatrist, president of the Canadian Society for the Prevention of Cruelty to Children, and editor of a quarterly journal, Em- pathic Parenting. He has frequently been an expert witness in courts in On- tario, and has been a guest lecturer in many countries on the subject of the violent mentally ill patient. Information detailing the activities and services. of printed, on May 4, 1983. He asked someone in authority if the ad had been checked, calling it "pretty rough stuff". He was told that the ad had not been checked but that it would run anyway. Bourrie was unable to recall to whom he spoke, beyond that it was a person in authority. Block told the jury that the publisher was away when the ad was accepted. Managing editor Craig Elson read enough of the ad to make the suggestion that the label Advertise- ment be attached to it. Elson had no authority in the matter of advertising, just as Wilson had no authority in the matter of news, Block said. In a subsequent apology published in the Free Press, a line stating that the newspaper found no the Centre will also be evidence that Teskey, available. Heacock, and Ferguson For more information contact the North Simcoe Catholic Family Life Cen- tre (526-9397). lied to Tiny Township, was dropped at the lawyers' re- quest, Block said. Hotel Friday night. He was charged with refusing to leave the premises, assaulting the police, and resisting arrest. As well, the man had breached his mandatory supervision. He was to appear in Provincial court in Barrie yesterday for a bail hearing. Police have charged a Penetanguishene woman with posession of mari- juana following an in- vestigation Saturday night. As well, Saturday night two area youths have been summoned to appear in court for consumption of alcohol underage, and an adult has been charged with supplying liquor to introduces _. Z -- = : < -- | (Min. 12 sq. yds. » > ae! | Max. 50 sq. yds.) mw Penetang police answer 29 calls minors as a result of the police investigation. In total, Pene- tanguishene police responded to 29 calls over the weekend. The police chief says his men caught eight Highway Traffic Act offenders, four under the liquor licence act, and two trespassers. 'y THERRIEN'S No-Wax Vinyl Flooring $2.00 per square yard rebate direct from manufacturer $100.00 Rebate Offer on Lifetime Inlaid Flooring and Celebrity Hwy. 93 at Yonge St., Midland F 926-7833 4 | Tuesday, November 4, 1986. °

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