Brian Burke quietly wins judgment against online commenters

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Brian Burke quietly wins judgment against online commenters

Postby shafnutz05 on Sun Sep 22, 2013 12:29 pm

http://www.theprovince.com/sports/rian+Burke+wins+judgment+against+five+anonymous+online/8939998/story.html

ormer Vancouver Canucks general manager Brian Burke has quietly won a default judgment in B.C. Supreme Court against five online posters who allegedly defamed him.

The five defendants -- who are only identified by their online surnames NoFixed Address, CamBarkerfan, Lavy 16, Tulowd and Naggah -- had failed to file and serve a notice of response to Burke’s lawsuit within the time allowed.

Burke, who is now president of hockey operations for the Calgary Flames, had earlier won the right to serve his legal papers against the online commenters via the message boards they used to spread the allegedly defamatory material.


One individual, believed to be a commenter identified as “Mowerman” was tracked by a process server to a home in Ontario in June.

The process server noted a man mowing the lawn of the property and asked if he was the individual in question.

“The man refused to answer these questions, became irritated and ordered the process server off the property,” says the court document.

The suit was filed in B.C. because Burke has had work done by a local law firm now handling the defamation suit.

The default judgment was granted Sept. 11 by a deputy registrar of the B.C. Supreme Court.


What a turd of a human being.
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Re: Brian Burke quietly wins judgment against online comment

Postby Factorial on Sun Sep 22, 2013 9:14 pm

What exactly were the comments that were made about him?
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Re: Brian Burke quietly wins judgment against online comment

Postby bhaw on Sun Sep 22, 2013 11:48 pm

Factorial wrote:What exactly were the comments that were made about him?


Yeah. I'm guessing this wasn't just "Burke sucks."

If I were to take an uneducated guess, it would be that they involved his son. Either that or something that caused him to get in trouble with the team or NHL, like implying he did something against rules and quoting a fake source or similar. I doubt it was just criticism.
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Re: Brian Burke quietly wins judgment against online comment

Postby NebraskaNic on Tue Oct 08, 2013 12:42 pm

There were comments from these folks while he was with the Leafs that he was having inappropriate relations on the job. Apparently some of these rumours made it off the web and caused him issues on the job.

Edit: and issues at home.
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Re: Brian Burke quietly wins judgment against online comment

Postby relantel on Tue Oct 08, 2013 1:05 pm

how does one obtain a judgment against anonymous persons? Shouldn't the suing party be required to present proof the defendants had been served?
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Re: Brian Burke quietly wins judgment against online comment

Postby NebraskaNic on Tue Oct 08, 2013 3:06 pm

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Re: Brian Burke quietly wins judgment against online comment

Postby Idoit40fans on Tue Oct 08, 2013 5:18 pm

This is awesome. I love Brian Burke even more right now.
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Re: Brian Burke quietly wins judgment against online comment

Postby JS© on Tue Oct 08, 2013 6:49 pm

shafnutz05 wrote:
One individual, believed to be a commenter identified as “Mowerman” was tracked by a process server to a home in Ontario in June.

The process server noted a man mowing the lawn of the property and asked if he was the individual in question.


LOL, is this real?
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Re: Brian Burke quietly wins judgment against online comment

Postby meecrofilm on Wed Oct 09, 2013 2:22 pm

That is so amazing.
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Re: Brian Burke quietly wins judgment against online comment

Postby BurghersAndDogsSports on Wed Oct 09, 2013 2:29 pm

JS© wrote:
shafnutz05 wrote:
One individual, believed to be a commenter identified as “Mowerman” was tracked by a process server to a home in Ontario in June.

The process server noted a man mowing the lawn of the property and asked if he was the individual in question.


LOL, is this real?


I mean can you even get private Internet user information for civil trials? That is opening a huge can of worms.

I can see for criminal complaints, threats and so forth via subpoena but this is almost too funny to be serious.
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Re: Brian Burke quietly wins judgment against online comment

Postby tfrizz on Wed Oct 09, 2013 2:34 pm

BurghersAndDogsSports wrote:
JS© wrote:
shafnutz05 wrote:
One individual, believed to be a commenter identified as “Mowerman” was tracked by a process server to a home in Ontario in June.

The process server noted a man mowing the lawn of the property and asked if he was the individual in question.


LOL, is this real?


I mean can you even get private Internet user information for civil trials? That is opening a huge can of worms.

I can see for criminal complaints, threats and so forth via subpoena but this is almost too funny to be serious.


I suppose it would depend on the owner of the board and the ISP - if they comply, then you'd get it; if they don't, then you wouldn't.
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Re: Brian Burke quietly wins judgment against online comment

Postby newarenanow on Wed Oct 09, 2013 5:34 pm

shafnutz05 wrote:
What a turd of a human being.


He is going to sue you now.
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Re: Brian Burke quietly wins judgment against online comment

Postby darkstar57 on Thu Oct 10, 2013 10:07 am

thats why whenever i type anything online i think if the person was standing in front of me would i say it to them
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