The hunt for CamBarkerfan begins: Brian Burke wins judgment against anonymous online commenters
Former Vancouver Canucks general manager Brian Burke has quietly won a default judgment in B.C. Supreme Court against five online posters who allegedly defamed him.
The five defendants -- who are only identified by their online surnames NoFixed Address, CamBarkerfan, Lavy 16, Tulowd and Naggah -- had failed to file and serve a notice of response to Burke’s lawsuit within the time allowed.
Burke, who is now president of hockey operations for the Calgary Flames, had earlier won the right to serve his legal papers against the online commenters via the message boards they used to spread the allegedly defamatory material.
The commenters were given 33 days to respond to the civil claim for damages but none have done so.
The court also ordered that the defendants pay Burke damages that are to be assessed and to pay the plaintiff legal costs to be assessed.
In May, Burke’s lawyer said that he believes from looking at the postings and websites that the commenters are in Canada and not the U.S.
The initial lawsuit filed in April identified 18 commenters, some alleging personal indiscretions that Burke denied.
Court documents outline efforts by Burke to track down some of the commenters.
One individual, believed to be a commenter identified as “Mowerman” was tracked by a process server to a home in Ontario in June.
The process server noted a man mowing the lawn of the property and asked if he was the individual in question.
“The man refused to answer these questions, became irritated and ordered the process server off the property,” says the court document.
The suit was filed in B.C. because Burke has had work done by a local law firm now handling the defamation suit.
The default judgment was granted Sept. 11 by a deputy registrar of the B.C. Supreme Court.
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