Following a motion for judgment by plaintiff Jonathan Sommer, in an action for defamation on the website themorrisseauhoaxexposedblog.com, the Ontario Superior Court of Justice granted judgment to the plaintiff, and made the following order on June 7, 2019:
______________________________________________________
Court file no. CV-19-612453
The Honourable June
7, 2019
Mr. Justice Corbett ONTARIO
SUPERIOR COURT OF JUSTICE
b e t w e e n:
JONATHAN SOMMER
Plaintiff
and
JOHN WERNER GOLDI, JOAN CATHERINE GOLDI and GOLDI PRODUCTIONS LTD.
Defendants
ORDER
THIS MOTION, made by JONATHAN
SOMMER for judgment, was heard in writing this day, at 393 University Avenue,
10th Floor, Toronto, ON M5G 1E6, pursuant to the Order of Mr. Justice Corbett
dated March 4, 2019.
ON READING the Motion Record of the
moving party, no materials having been filed by the respondents, despite them
having been properly served:
1.
THIS COURT ORDERS that judgment be entered in favour of
the moving party/plaintiff in this action, noting a finding of liability of the
respondents/defendants to the plaintiff;
2.
THIS COURT ORDERS an immediate and permanent injunction
to issue against the respondents/defendants restraining them from disseminating,
posting on the Internet or publishing, in any manner whatsoever, directly or
indirectly, any statements or comments about the moving party/plaintiff, Jonathan
Sommer, and from otherwise communicating in any manner whatsoever, directly or
indirectly, any disparaging statements about the moving party/plaintiff,
Jonathan Sommer. This injunction shall include, without limitation, the
publication, circulation and promotion of the website www.themorrisseauhoaxexposedblog.com
and any similar or other publications. For further particularity, the respondents/defendants
shall not publish or cause to be published or otherwise disseminate or
distribute in any manner whatsoever, whether by way of the Internet or other
medium, any statements or other communications which refer to Jonathan Sommer by
name, depiction or description.
3.
THIS COURT ORDERS an immediate mandatory injunction
requiring the respondents/defendants to forthwith remove their blog postings from
www.themorrisseauhoaxexposedblog.com titled “IN MEMORIAM – “Why We Fight…””
[October 6, 2018], “Sommer Suspended!!! – by the Law Society of Ontario”
[August 24, 2018, and “Sommer’s Fired!!! And Retreats Back to Remote Sutton,
QC…” [August 19, 2018] from the Internet, and any similar postings that refer
to the plaintiff, directly or indirectly.
4.
THIS COURT ORDERS an immediate mandatory injunction requiring
the respondents/defendants to prominently post a copy of this Order and any
further reasons for judgment in this action at the top of each page of the
website www.themorrisseauhoaxexposedblog.com, and to maintain said posting thereupon
for a minimum of 5 years.
5.
THIS COURT ORDERS an immediate permanent injunction prohibiting
the respondents/defendants from attending as audience in relation to any court
appearances of the moving party/plaintiff, and from coming within 300 metres of
the plaintiff except where necessary and appropriate in the context of this or
other litigation, and from photographing the plaintiff.
A copy of the actual Order above is reproduced below.
