Candidate Crombie uses Ontario's new "False Light" Tort, seeks triple damages and double legal costs under Statute of Monopolies for exclusion from debates.
MISSISSAUGA, ONTARIO, CANADA., June 7, 2024 - Mississauga's June 10, 2024 Mayoral By-election candidate Brian Crombie has served a Notice of Libel and Legal Claim against the organizers, sponsors and several of their officers and directors of three Mayoral debates including the CBC, More Homes Mississauga, newsBeyond Inc, polling company Mainstreet Research, and the University of Toronto Mississauga ("UTM") for also violating Ontario's University Free Speech Policy.
The three debates that excluded Brian Crombie were:
More Homes Mississauga debate between Dipika Damerla and Alvin Tedjo on May 13 at the UTM.
newsBeyond Inc, Mainstreet Research, Aurora Strategy Global and the University of Toronto Mississauga’s Student Union mayoral candidates debate with Dipika Damerla, Stephen Dasko and Alvin Tedjo on May 27th at the UTM Student Centre.
CBC Toronto mayoral candidates debate with Dipika Damerla, Stephen Dasko and Alvin Tedjo on May 30th at the Mississauga Living Arts Centre and streamed online.
All three of these Debates excluded Brian Crombie and violated his Canadian Charter of Rights and Ashby v. White common law rights, placing him in a "false light" by doing so, which is now recognized in Ontario as a fourth form of Libel.
As a result he suffered substantial damages including monetary damages for which he served notice he will file a STATEMENT OF CLAIM and seek "Double Legal Costs" on a "Full Indemnity basis" and "Triple Damages" in accordance with the Ontario Statute of Monopolies.
Legal Grounds and Claims:
1. Violation of Charter Rights and Common Law Precedents:
o Brian Crombie's exclusion from the debates is a violation of his rights under Section 2 of the Canadian Charter of Rights and Freedoms, particularly his freedoms of expression, peaceful assembly and association.
o Ashby v. White established the principle that individuals should not be prevented from exercising their legal voting or political rights. In this case, the court held that the defendant's actions, which prevented the plaintiff from voting, constituted a violation of his legal rights. Similarly, Brian Crombie's exclusion from the debates may be seen as an attempt to hinder his participation in the electoral process, thus invoking the principles established in Ashby v. White, which guarantees a complainant a remedy at law.
2. Relevant Ontario Laws and Statutes:
o False light libel occurs when someone is portrayed in a misleading or false manner that is highly offensive to a reasonable person. By excluding Brian Crombie from the debates, the organizers and moderators may have misrepresented him to the public, placing him in a false light. This misrepresentation has harmed his reputation and subjected him to public ridicule or contempt, thereby constituting false light libel under Ontario law.
o The Statute of Monopolies, An Act concerning Monopolies, and Dispensation with penal laws, etc., R.S.O. 1897, c. 323, prohibits anti-competitive behavior and unfair practices that may restrict competition in the marketplace. Brian Crombie's exclusion from the debates was also an attempt to stifle competition in the electoral arena by limiting voters' exposure to alternative candidates and viewpoints.
As a result of the debate organizers and sponsors actions these debates were partisan and an underhanded political contribution in an effort to circumvent prohibitions on non-individual corporate contributions of goods and services to the candidates that were allowed to participate.
Brian Crombie’s exclusion is completely inappropriate, especially when polls showed him within a week of registering on April 25, 2024 (a day prior to the close of nominations) at 6% and then two weeks later at 9%, exhibiting the attention and momentum of his campaign.
Mr. Crombie has an extensive record of policy statements on his website, on social media, on his daily radio show on Mississauga's Sauga 960 AM and on YouTube. It is astounding that CBC appears not to have reviewed his website, watched his video or listened to his podcasts or radio show.
The restriction of participation to only elected Councillors by these debate organizers and sponsors shows a complete lack of understanding of Canadian’s distrust with career politicians and gatekeepers. It is no wonder voter turnout in the 2022 Mississauga municipal election had sunk to 21.8%.
A similar violation of US campaign laws has been alleged by Independent Presidential Candidate Robert Kennedy for his exclusion from their current election debates. However in Ontario, similarly aggrieved individuals are not limited to using election or broadcasting laws to seek a remedy, they have an many other legal procedures and potential remedies available, including those noted herein.
References: Robert F. Kennedy Jr. files complaint over rules for CNN's presidential debate next month | CityNews, May 29, 2024
A simple experiment reveals why it’s so hard to measure R.F.K. Jr.’s support |The New York Times, May 14, 2024 ("If a poll doesn’t list them, however, it can’t capture their support at all.")
About Brian Crombie
Mayoral By-election candidate Brian Crombie is the Chief Operating Officer at Terracap Management Inc., Radio Talk Show Host at Sauga 960 AM and Chair at Transit Alliance. Crombie was formerly the president of the Mississauga Arts Council prior to leaving in 2018 and was also a business executive. He is a strategic COO / corporate finance executive with M&A, VC and PE involvement. He has got broad experience in Real Estate, Pharmaceuticals, Beverages, Sports and Entertainment, Hotels, Medical Devices and widely diversified conglomerates as well as not for profit and education.He is an alumni of ISM Paris, Graduate School of Management and Harvard Business School.
