A local blogger says that a lawsuit filed against him by a former top executive with the city is a SLAPP lawsuit meant to “muzzle” criticism of the powerful.
Former City of Guelph Deputy Chief Administrative Officer Mark Amorosi is suing Guelph blogger Gerry Barker for $500,000 for defamation regarding comments made on Barker’s blog www.guelphspeaks.ca.
Amorosi filed the lawsuit last November.
“There is no merit, let alone substantial merit, in Mr. Amorosi’s claim,” reads Barker’s defence filed with the Ontario Superior Court of Justice.
“Mr. Barker pleads that the herein claim against him is a ‘Strategic Litigation Against Public Participation’ (SLAPP), that is, a claim that is meant to chill public discourse and muzzle those who take positions against the powerful on matters of public interest.”
According to the Canadian Civil Liberties Association, SLAPPs are “lawsuits, or the threat of a lawsuit, directed against individuals or organizations, in order to silence and deter their public criticisms and advocacy for change.”
Through his GuelphSpeaks.ca Barker, a former professional journalist, has for several years focused on municipal politics in Guelph. He says his blog averages 350 views per week.
Barker's court filing claims critical comments contained on the blog are based on “truth” and “fair comment.”
“The fact that Mr. Amorosi does not like criticism being made of his job performance or salary as DCAO is not sufficient reason for the initiation of the herein claim,” says Barker’s statement of defence.
He goes on to say that “the public interest lies with permitting journalists (which includes bloggers) to express themselves on municipal governance matters without fear of reprisal.”
None of the claims made by either party have been proven in court.
The 33-page lawsuit was filed by Amorosi claims Barker's criticism of Amorosi was an attempt to get the former Deputy CAO terminated or force him to resign and that Barker has acted "in knowing and reckless disregard for the truth."
Amorosi is no longer with the city. He was let go after over 30,000 private emails were mistakenly given by the city to a man who was suing them for $1 million.
Barker claims that Amorosi’s “termination” was both “broader and far more damaging than anything published on Guelph Speaks blog.”
Amorosi, joined the city in 2007 and was the Deputy CAO in charge of finance and human resources from 2014 to 2016.
His lawsuit involves blog posts dating back to 2012.
He claims Barker has made statements that when read and understood by "reasonable readers" would, among other things, inaccurately portray Amorosi as someone that doesn't know what he's talking about, misinforms the public, is irresponsible, distorts facts, gave himself and others unauthorized raises, is not qualified to be a Deputy CAO and is incompetent and irresponsible.
It also states Barker made no attempt to confirm facts, intentionally omits certain facts and that he has never interviewed or contacted Amorosi regarding the accusations.
Barker claims truth, fair comment, qualified privilege and responsible journalism among his defence.
“Mr. Amorosi’s employers, ultimately, were the citizens that paid his wage and public discussion and criticism about his job performance was therefore inherently fair,” the statement of defence reads.
Barker says that all the blog posts contained in Amorosi’s statement of claim refer to his job performance and are not personal in nature.
He said that Amorosi was “fairly challenged” on the blog in regards to the financial dealings of the city, of which he was the overseer at the time.
Amorosi’s legal costs are being covered by the City of Guelph.
Barker is being represented by Adair Barristers LLP of Toronto.
