Skip to content

Narrow screen resolution Wide screen resolution Auto adjust screen size Increase font size Decrease font size Default font size default color brick color green color
CAFCOR Forum
_GEN_GOTOBOTTOM Post Reply
TOPIC:
#18721
$ 160 K DEFAMATION AWARD to Ottawa lawyer who tried to save troubled COSTA RICAN CONDO 2017/04/22 01:41  
Condo/HOA dialogue can be a defamation warzone. And the internet makes it easier to smear. No surprise.

This is a CAUTIONARY TALE to any professional who DARES to step into condo or HOA governance for altruistic reasons. Or like anyone wanting to safeguard the long term best interests of their own asset & of the general stakeholders' interests. ( Of course that's far from the only reason why professionals get involved, sometimes not so altruisitically at all ).

Here under Ontario law an Ottawa judge has awarded to an owner/ lawyer SIGNIFICANT damages - including unusual 'punitive' - after international internet defamation started by another owner with highly dubious respect for "responsible comment". Whether its collectible is another matter . . .

The condo community is in the Central American republic of Costa Rico. Owning the unit had once been the dream of the lawyer & his wife.

The victim's brief condo Presidency is described to have tried to get the troubled community back into its feet.

Picked up quickly by the giant U.S. HOA/condo website HOATalk.com site & Canadian Lawyer magazine, Ontario's non-nonsense Mr Justice Robert N. Beaudoin awarded $ 160 K to the held-defamed lawyer/ short term President.

One of the non-defenders is also a lawyer, the other a new owner with dubious superficial knowledge & a quick SEND FINGER !

Lawyer/unit owner David McNairn's Costa Rican dream condo became a nightmare after he briefly stepped forward as President/rescuer amidst turbulence. After a dissenting owner reportedly soon scared off the new emergency management, McNairn resigned.

Following that the two defendant co-owners are held to have defamed him unfairly in e-mails to owners scattered around the world ! They also rejected his attempts to persuade retraction.

xcrpt April 21/17 Canadian Lawyer Magazine “Lawyer wins $160,000 judgment against condo neighbours” http://www.canadianlawyermag.com/legalfeeds/3786/lawyer-wins-160-000-judgment-against-condo- neighbours.html

McNairn v Murphy, 2017 ONSC 1678 issued Apr 6/17 http://canlii.ca/t/h32j6
  The administrator has disabled public write access.
_GEN_GOTOTOP Post Reply
contact webmaster