Two North Burlington residents asking the community to support their legal fight against the libel actions taken by the Air Park

News 100 greenBy Pepper Parr

December 6th, 2015

BURLINGTON, ON

Two north Burlington residents who have been sued by the Burlington Air Park have turned to the community with a fund raising drive that wants to raise $100,000 to cover their legal costs.

Monte Dennis and Vanessa Warren have been sued for libeling Vince Rossi, president of the Air Park.

Pepper Parr and the online Burlington Gazette were also sued but neither Parr nor the Gazette are part of the fund raising efforts.

There are a number of online fund raising operations that are referred to as “crowd-sourcing – that let anyone appeal to a public for financial support.

The legal battle between the Burlington residents and the Air Park began in April of 2014. There was a court case and then an appeal of that decision.

There is now a second court case that is awaiting a decision.

These court cases were between the city and the Air Park.

Other than a lot of paper between the lawyers – the libel suits involving Par, Dennis and Warren have gone no further than the Examination for Discovery stage. The wheels of justice move slowly – but they do move. At some point this charade will come to an end.

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Fund raising site: residents being sued for speaking out against the illegal dumping of land fill that is believed to be impacting the water table are asking the public to help out with the legal costs.

When asked why $100,000 was being raised one of the defendants said: “We are going by past costs to defend SLAPP suits and that is what these things typically cost. These things drag on – we think the $100,000 is a reasonable figure.

Warren and Dennis refer to SLAPP suits (SLAPP is an acronym for Strategic Litigation Against Public Participation) in their appeal for funds. A SLAPP suit is a legal action taken by someone who basically wants to shut someone up. Having someone appear at your front door with a document saying they are going to ask a Judge to award them $100,000 because they don’t like what you wrote or said publicly about them does make you think twice before you speak – which of course is exactly what the person suing you wants – it is a tactic that bought about provincial legislation designed to stop this kind of lawsuit.

The problem for Dennis and Warren is that the SLAPP legislation did not exist when they wrote or spoke. Their continued reference to SLAPP suits muddies the water.

Dennis is being sued because of a Letter to the Editor published in the Hamilton Spectator. Here is what

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Trucks carting land fill onto the air park. The owners of the air park did not file a site plan with the city – which a Judge later said they were required to do – the land fill is still in place.

If the letter was libelous, and few believe it is, then why wasn’t the Hamilton Spectator included in the lawsuit? That would call for Air Park president Vince Rossi to take on the TorStar, the public company that owns the Toronto Star, the Hamilton Spectator and almost every other significant newspaper in Ontario.

The defendant suggested “we look at what Rossi has already cost the city: John Taylor, ward 3 city Councillor is reported to have said at a town hall meeting the other evening that the Air Park issue has cost the city, in legal fees alone, about $800,000 to date and his case is not over yet.

Vanessa and Monte were sued because they spoke out against the Burlington Airpark dumping of millions of cubic feet of construction fill, some of which they believe is contaminated, onto Ontario Greenbelt lands. The courts have ordered a stop to the dumping of more fill, but the damage has been done, negatively impacting the neighbours and potentially the environment.

Dennis and Warren believe our democracy is based on freedom of speech, public dialogue and social fairness.

While Dennis and Warren look ask the public to support them financially Vince Rossi awaits a decision on the most recent court case; one in which the city of Burlington asked a Judge to compel the Air Park to remove the fill that was put on the land and to also compel them to file a site plan.

A decision is expected in the New Year – whichever side wins the Superior Court case – it will, in all probability be appealed.

Airpark dumped more than 30 feet of landfill without a Site Plan. Owner of the adjacent property stands on her property line and wonders why anyone can build a "small mountain" next to her property without getting approval. She is also retified about what the hill is doing to the vlue of her property and what the leaching out of the landfill is going to do to her well water.

Airpark dumped more than 30 feet of landfill without a Site Plan. Owner of the adjacent property stands on her property line and wonders why anyone can build a “small mountain” next to her property without getting approval.

This battle has been going on since April of 2014 when the first law suits were issued. They are expensive but defending them is essential if the public is to continue to have the right to speak its mind.

Earlier this year the Gazette published a short article in which we reported on an Examination for Discovery that took place. Days later there was a letter from the Air Park lawyers demanding that we retract the article or they will sue.

That is how people who don’t want information in the hands of the public operate.

If you want people who care about your community to be able to speak freely and openly, support Dennis and Warren. The link to the site is HERE.

 

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