ONTARIO COURT REJECTS SUIT OVER U.S. PAPER
‘ NO REAL CONNECTION’
Ontario’s Court of Appeal has rejected a former United Nations official’s attempt to sue The Washington Post in Ontario for printing two articles in the newspaper and posting them on its Web site.
In a unanimous judgment on Friday, the court found “there is simply no real and substantial connection between the action and Ontario ... it is not appropriate for the courts of Ontario to assume jurisdiction.”
Cheickh Bangoura, a native of Guinea who now lives near Brampton, Ont., filed a lawsuit in 2003 against the Post and three of its reporters for two articles published in 1997, seeking $10million in damages.
Last year, Superior Court Judge Romain Pitt ruled it was appropriate for Ontario courts to hear the case, sparking an appeal by the Post. Yesterday’s ruling overturns that decision.
Brian Rogers, lawyer for a coalition of media organizations that intervened in support of the Post, hailed yesterday’s decision.
“ The original decision was viewed with alarm by media organizations and free expression advocates literally all around the world,” he said. “ That’s why 52 of those organizations joined the media coalition.”
In the past, the risk of libel action was largely confined to a newspaper’s circulation area. But because stories can be downloaded from newspaper Web sites, plaintiffs around the world have launched lawsuits in jurisdictions far removed from that of the originating publication.
However, a lawyer for Mr. Bangoura said yesterday the appeal court erred in applying libel standards to the lawsuit.
“Mr. Bangoura has never said this is a libel case,” said Charles Roach in an interview, adding his client maintains the Post articles constitute a civil tort known as an “intentional interference with economic opportunities.”
Mr. Roach said his client has found the articles have hindered his ability to get a job since leaving the United Nations.
The Court of Appeal decision noted that while Mr. Bangoura’s lawyers did not want the lawsuit to be considered a libel case, there are several references in the statement of claim to “defamation” and the “defamatory articles.”
When the articles were published, Mr. Bangoura was working in Kenya as assistant regional director of the UN Drug Control Program’s regional office.
The articles dealt with his conduct in a prior UN posting in the Ivory Coast.
According to yesterday’s judgment, the articles reported accusations of sexual harassment, financial improprieties and nepotism against Mr. Bangoura. They suggested he had escaped punishment because of his father-inlaw’s friendship with former UN secretary-general Boutros Boutros-Ghali.
Mr. Bangoura joined his wife and two children in Montreal in February, 1997. They moved to Ontario in June, 2000.
Mr. Roach said yesterday his client has not decided whether to appeal the decision to the Supreme Court of Canada.
CanWest NewsService,
with files from Scott Stinson,
National Post