Yaniv's lawsuit against Rebel Media dismissed, BC Supreme Court weighs in - This judge was not having any of Jonny's nonsense.

Props to Rebel medias lawyers for presenting a coherent Case. A rare occasion in our field.
Rebel media’s lawyers did well, but because of the other behaviour of Rebel Media (following Jonny around and asking him certain questions repestedly), costs weren’t awarded.
Did they actually profit from this overall venture?
 
This gives me some hope for Canada.
 
Considering you have a leader who essentially called for martial law over a traffic jam and a noise complaint, I don't think that word means what you think it means.
Absolutely, he's a poor leader. I'm hoping he gets voted out fairly soon. I couldn't agree with you more on that.

Also, let us consider your current leader and lets agree to disagree.
 
There are interesting aspects of this as I read through this, the first that stood out to me is unsurprising but disappointing nonetheless:
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I dunno, I think it's highly relevant given the evidence showing a connection between getting diddled and becoming a pedo, which given all the other aspects of Yaniv speaks to the potential public interest in this fact. Perhaps Rebel News decided not to adequately argue this point as they figured there was a low chance of success for Jonny and gilding this particular lily was not in their interests when sufficient much easier to present evidence to clear them existed.

This part is fucking hilarious :story:
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"It has repeatedly been held that there is no such tort in Canadian law"

This part is particularly interesting given the memes about free speech in Canada, I guess there is a kernel of based somewhere within after all:
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This seems to somewhat mirror the "actual malice" standard in the US (meaning, you had knowledge of the falsity and repeated it anyway) though the wording from the case mentioning "outrageous and ridiculous" opinions is interesting in that it suggests that it might actually go further in the grey areas than the US standard, but being neither a lawyer nor a Canadian, nor having done any research outside the document here, take that analysis with a grain of salt.
 
Okay, why do I have to see a bunch of left-handed Canada bashing in this thread? Why the fuck can't you people just enjoy the victory?
You're talking about Tranada. If this is truly even a victory, it is short lived. This is still the country that will jail you for misgendering your own child. People are mad and they should be. I wish Canada hadn't fucked themselves this badly, but they did.
 
Rebel media’s lawyers did well, but because of the other behaviour of Rebel Media (following Jonny around and asking him certain questions repestedly), costs weren’t awarded.
Did they actually profit from this overall venture?
Well, we sure did. That's got to count as a moral victory, if nothing else.
 
You're talking about Tranada. If this is truly even a victory, it is short lived. This is still the country that will jail you for misgendering your own child. People are mad and they should be. I wish Canada hadn't fucked themselves this badly, but they did.
The judgement absolutely slammed Jonny Yaniv, but referred to him with female pronouns all the way.

Pretty grody isn’t it?
 
Please please please please let this be Step 1 to seeing Yaniv taken off the streets, PLEASE....
 
Yaniv's entire defense was "Yeah, I'm sexually attracted to children, but misgendering me is wrong!"

May God strike him down, but not before he provides us with another 100 pages of material.
 
This part is particularly interesting given the memes about free speech in Canada, I guess there is a kernel of based somewhere within after all:
Wyświetl załącznik 3492263
This seems to somewhat mirror the "actual malice" standard in the US (meaning, you had knowledge of the falsity and repeated it anyway) though the wording from the case mentioning "outrageous and ridiculous" opinions is interesting in that it suggests that it might actually go further in the grey areas than the US standard, but being neither a lawyer nor a Canadian, nor having done any research outside the document here, take that analysis with a grain of salt.
In Canada the legislature can define the bounds of this, Canadian courts will rarely tend to restrict the legislature outside of specifics that they say go too far at the moment. It's quite hard to get something entirely struck down because there's no First Amendment type thing to appeal to. The Canadian Constitution pretty much says your free speech rights end if the legislature says they do but if the legislature hasn't said anything yet you can use them as far as courts will allow. Yaniv could call up Trudeau and have Parliament specifically rewrite the law with a simple majority to protect him going forward today if they wanted to.

It's basically not "actual malice" to call Yaniv a pedophile in the United States because a "reasonable person" will not assume you're making a factual claim about a criminal charge, they'll assume you're saying "I think this dude is a pedophile" especially if you then lay out all the reasons you're calling someone a pedophile and none of it is pointing to actual criminal charges. Same for "disability faker" there's no requirement for you to prove this claim is true. This seems to be saying, though I haven't looked at the higher court case, that is less of a defense in Canada because your "facts" behind your opinion can be wrong which would make you liable. Yaniv failed to show that the facts did not support Rebel News' case, the judge instead seems to think the facts presented to him support them entirely, but presumably if he had the judge could have said Rebel News behaved unreasonably or outrageously. Yaniv, like many people in American courts attempt constantly, tried to skip that step and simply say that saying anything negative about them is defamation. Which is a hard sell in a regular Canadian or even European court (aka not a Human Rights Tribunal) despite the lack of all-purpose American style carve out. (The UK's libel reform, while unideal, also thankfully went in this direction.)
 
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