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Morning Brew: Daniel Dale libel suit to proceed despite apology, communication system hobbled TTC Monday, more snow is due, and Ford (plus council) dances again

Posted by Chris Bateman / December 18, 2013

toronto snowDaniel Dale will proceed with his libel suit against Rob Ford despite the mayor offering an apology of sorts yesterday. Ford said he was sorry for how the media had interpreted his "taking pictures of little kids" comment and said he never "personally" saw Dale over his garden fence. "His statement today didn't come close. I'm proceeding with a defamation lawsuit," Dale wrote on Twitter.

Several city councillors believe Dale is justified in pursuing legal action against the mayor. Councillor Peter Milczyn said the "horrible innuendo" was "one of the worst things anybody could be accused of." Councillor James Pasternak said Dale "has clearly been unfairly maligned." Ford critic Adam Vaughan said Dale "deserves a much more serious apology."

Ford was clearly in an apologetic mood yesterday. The mayor also said he was "super, super, super, super sorry" for calling his fellow councillors corrupt during a fraught ending to Monday's session.

TTC CEO Andy Byford says an "archaic" communication system played a role in Monday morning's chaotic commute. Central control uses a text-based system that is only capable of contacting 10 vehicles at a time; messages have to be acknowledged before more can be sent, he said. The system led to delays communicating with bus and streetcar drivers.

The Maple Leafs' agonizing defeat to the Boston Bruins during last season's Stanley Cup playoffs has made Sports Illustrated stars out of several beleaguered fans. The magazine shot pictures of Windsor social worker Mark Micelli and his friends, who filmed themselves reacting to the loss on a GOPro camera and uploaded it to YouTube last Spring. More than 500,000 people watched the joy slip from their faces, one goal at a time.

Batten down the hatches - there's more snow in the forecast. Environment Canada says the GTA could get hit with a mix of rain and snow Thursday night into Friday morning that will continue through the weekend. Forecasters say 20 cms of snow could fall by late Sunday.

Finally, look away if this weekend's video of Rob Ford dancing in a church was just too awkward. Yep, the mayor (with the rest of city council) was at it again yesterday, jamming along to jazz group Jay Douglas And The All Stars. The group was were in council to perform Bob Marley's One Love and an original called Christmas Carol Blues. Horrifying.

IN BRIEF:

Chris Bateman is a staff writer at blogTO. Follow him on Twitter at @chrisbateman.

Image: Ben Roffelsen/blogTO Flickr pool.

Discussion

39 Comments

Sam / December 18, 2013 at 08:59 am
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Way to go everyone on the Torstar Digital team. Site traffic and time on site is way up YOY. Since the Ford scandal broke there havent been any more job cuts, you should all be very pleased. This Dale feature exclusive should keep everyone employed atleast for Q1 2014!!
CW / December 18, 2013 at 09:02 am
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Saying "I'm sorry you feel that way" isn't an apology.
Dave / December 18, 2013 at 09:04 am
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Daniel Dale really has no case at this point. It will be interesting watching the Star and their puppet eat crow.
Craig / December 18, 2013 at 09:26 am
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Dave, when did you become a lawyer? I'd also like to point out your track record on all things Ford (There is no video, etc.) You'll have to forgive me if I assume the opposite of what you say is true.
Steve replying to a comment from Dave / December 18, 2013 at 09:29 am
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I know you're being paid by Ford and everything, but Dale is the only one with a case here.

Yikes, are you the hotmail lawyer?
Irving / December 18, 2013 at 09:31 am
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Under Canadian law, Dale's case is a sure win. There are well established precedents even at the level of the Supreme Court of Canada. It's also well-timed. The case will play out during the election, and Ford will definitely need to take the stand. His assuredly poor performance before the judge will help remind everyone why this jackass should never have been mayor in the first place.
Justin / December 18, 2013 at 09:33 am
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I'm not trying to defend Ford, but this Daniel Dale is kinda a creepy looking dude.
jen replying to a comment from Justin / December 18, 2013 at 09:39 am
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And I bet you're all sunshine and roses to look at yourself, pumpkin.
Däve replying to a comment from Dave / December 18, 2013 at 09:44 am
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Dale certainly does have a case. Ford missed the deadline for an apology and didn't really apologize or retract his insinuation.

He blamed his neighbour for giving him the idea that there was a possible pedophile looking/hanging over the fence and/or standing in his yard (Ford uses whichever allegation is most convenient at any given time). The neighbour won't talk to anyone about it now.

Ford claims he didn't think Dale was a pedophile. If so, what was he referring to regarding the word that he "didn't want to say" but still wanted to imply in an insinuation? What did he mean when he said he stood by everything he had said in the Conrad Black interview?

Blaming the Star for somehow putting Dale up to "spying" on him and causing him to think he might be a pedophile isn't helping Ford's case at all.

If you think Dale doesn't have a case, then you're dumber than Ford and more disingenuous than the Hotmail Lawyer, combined.
Bob / December 18, 2013 at 09:45 am
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I'm not trying to defend Dale, but Rob Ford is one hit from the crack pipe away from a heart attack.
Al / December 18, 2013 at 10:20 am
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When Ford says "I honestly believed my neighbour's account of the events", he is likely acting on a lawyer's advice, as honest belief is a defence to defamation. He might need to get a better lawyer though because that may not be enough. The belief has to be reasonably held, and if he had access both to Dale's phone and to the surveillance tape that showed that Dale was not doing anything of the sort, he knew that he was making a false statement when he repeated it on Vision. He could have made a full apology for lying. Instead, he chose to prevaricate, and it may cost him.
Dave replying to a comment from Däve / December 18, 2013 at 10:34 am
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How do you figure that Dale has a case. As a person that has studied some contract law and as someone who has associates with professional opinions that matter, Dale has no case. The only reason he is going forward is because his employer is mandating that he follows through.
W. K. Lis / December 18, 2013 at 11:06 am
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Rob Ford's apology was with an asterisk*.

*Batteries not included. Keep refrigerated. Shake, not stirred. Void where prohibited by law. Some assembly required. Wearing of this garment does not enable you to fly. We make no other warranties, expressed or implied. Do not use while operating a motor vehicle or heavy equipment. Postage will be paid by addressee. Postal service will not deliver mail without postage. No postage necessary if mailed in Canada. Subject to parent’s approval. This is not an offer to sell securities. May be too intense for some viewers. See other side for additional disclaimers.
Me replying to a comment from Dave / December 18, 2013 at 11:11 am
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The reason he's going forward or has the case at all is he wants attention and now he's getting it.
Brent / December 18, 2013 at 11:13 am
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Rob Ford may have given a sorry-not-sorry apology, but Doug's been spreading the Dale misinformation freely. Hopefully this lawsuit will shut them both up.
Gnarlk replying to a comment from Morris the Cat / December 18, 2013 at 11:14 am
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This coming from a 600 pound faggot who lives in his Mommy's basement.
Mark / December 18, 2013 at 11:17 am
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Dale has no case. Ford apologized. Clearly stated he didn't think Dale was a pedo. That is all on record. They only people keeping the Dale is a pedophile narrative going are Dale, the Toronto Star and their alleged supporters. They keep linking Dale to a pedophile with every story they write. Good luck collecting damages for self inflicted wounds.
Bob replying to a comment from Dave / December 18, 2013 at 11:44 am
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Was your study of contract law part of when you got fired from your last job years ago? Or was it from when your wife dumped you for your best friend? Unemployed and alone, all you do is troll these boards day in and day out.
glenn storey / December 18, 2013 at 12:11 pm
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fat boy is fucked.
http://lautens.blogspot.ca/
opensource1111 / December 18, 2013 at 12:39 pm
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There are obviously few lawyers reading these posts. Contract law has nothing to do with defamation or libel, which falls under the category of tort law. It's like saying you have a computer engineering background, so you should have a valid opinion on the structural components of a bridge.
Jacob / December 18, 2013 at 01:07 pm
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They can only send text messages to ten vehicles at a time? Maybe the TTC can upgrade to BlackBerry. :p
Dave replying to a comment from Bob / December 18, 2013 at 01:14 pm
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Bob, you are funny. I may just be the fellow that turned down you wife for the fifth time.
Now Bob, do you honestly think that our courts make judgments based on assumptions?
Alex replying to a comment from Jacob / December 18, 2013 at 01:23 pm
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Not an SMS type text. Not received on phones. Bad joke, bud. A text based message = Letters scrolling on a screen, (sort of like old style pager) or alphanumeric LCD display.
glenn storey / December 18, 2013 at 01:47 pm
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298. (1) A defamatory libel is matter published, without lawful justification or excuse, that is likely to injure the reputation of any person by exposing him to hatred, contempt or ridicule, or that is designed to insult the person of or concerning whom it is published.

(2) A defamatory libel may be expressed directly or by insinuation or irony

(a) in words legibly marked on any substance; or

(b) by any object signifying a defamatory libel otherwise than by words.

R.S., c. C-34, s. 262.
LOL! / December 18, 2013 at 02:13 pm
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'the Toronto Star and their alleged supporters' nice crack at legal jargon retard
Bob replying to a comment from glenn storey / December 18, 2013 at 02:23 pm
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The law is very clear. Dale will certainly win this case. Ford will continue to be a loser supported by an army of losers.
glenn storey replying to a comment from Bob / December 18, 2013 at 02:55 pm
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yep. i hope it costs robby everything he owns.
Dave replying to a comment from glenn storey / December 18, 2013 at 03:40 pm
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You just proved Ford's case. I am sure he will thank you Glen.
StaBone replying to a comment from glenn storey / December 18, 2013 at 03:51 pm
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AGREED

298. (1) A defamatory libel is matter PUBLISHED, without lawful justification or excuse, that is likely to injure the reputation of any person by exposing him to hatred, contempt or ridicule, or that is designed to insult the person of or concerning whom it is PUBLISHED.

Published as in the Star, The Sun, the Post. Again they all published this story and ran headlines with the P word in them.
Däve replying to a comment from Dave / December 18, 2013 at 04:02 pm
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"As a person that has studied some contract law and as someone who has associates with professional opinions that matter, Dale has no case"

You realize you're saying there that *Dale* studied some contract law, right? I get it, though: you're saying YOU studied it and it gives you reason to believe Dale doesn't have a case.

This is not about contract law.

Dale is going ahead because Ford failed to apologize, when given a chance, for defaming him. And because the Star is footing the bill.

The Star has lost readers for publishing documented facts about Ford. Perhaps they should be suing him for lost revenue.
Grant replying to a comment from StaBone / December 18, 2013 at 04:13 pm
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Those newspapers were reporting the libel story, dimwit.

Vision is liable for broadcasting the libel, while the others reported it. The term 'publish' means to make public and isn't exclusive to newspapers, it also includes broadcast tv and posting to the internet.
Steve replying to a comment from Dave / December 18, 2013 at 04:17 pm
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You do realise everything you say proves you know less and less about.. well anything, right?
glenn storey replying to a comment from Dave / December 18, 2013 at 06:27 pm
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how did i do that, you stunned fuck?
Stunned Fuck / December 18, 2013 at 08:28 pm
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Glen Storey,
A stunned fuck Storey: do what, you intellectual!? You mean, how & why were you born? Ask your mother and father, assuming they know each and/or you, you little bastardo.
TonyO / December 19, 2013 at 12:32 am
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Yeah that's right you stunned fuck! We be fordever lovin jah, we be FORDEVER!
Stunned Fuck / December 19, 2013 at 01:22 am
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S.298! S.298! Dummy dumbos! S.298! S.298! Glen Storey Bastardo! Too dumb for law school...& high school law!
davedave / December 21, 2013 at 10:33 pm
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Me study con Tract law..me know lawyers...me Dave...me Shirley...me need diaper change
Stunned Fuck / December 22, 2013 at 10:21 am
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I love Glenn storey's stories! He's mucho tasty!
gucco the clown / December 23, 2013 at 12:14 am
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Rob Ford: I eat(out), therefore I am.

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