Professional Documents
Culture Documents
CV-14-514188
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
(Court Seal)
ERIC LINDROS
Plaintiff
- and PAUL STEWART, THEHUFFINGTONPOST.COM, INC,
AOL INC., and AOL CANADA INC.
Defendants
THE ORDER OF
L'ORDONNANCE DU M
DATE
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OUR SUP~RIEURE DE JUSTICE
-3CLAIM
1.
The plaintiff claims against each of the defendants, on a joint and several basis:
(a)
(b)
(c)
(d)
(e)
(f~
(g)
(h)
Such further and other relief as this Honourable Court may deem just.
The plaintiff, Eric Lindros ("Lindros") is an individual residing in the City of Toronto,
in the Province of Ontario. Lindros spent 13 seasons playing hockey in the National
Hockey League (the "NHL") for the New York Rangers, Toronto Maple Leafs, Dallas
Stars, and Philadelphia Flyers.
3.
The Huffington Post is an online newspaper, news aggregator and blog publisher
that is comprised of national (U.S.), local (i.e., city-specific) and international (including
Canadian) editions accessible via the Internet.
5.
The Huffington Post is published, owned and operated by the defendants The
HuffingtonPost.com, Inc, AOL Canada Inc., and AOL Inc. ("the AOL defendants").
6.
7.
AOL Canada Inc. is a corporation under the laws of the Province of Ontario.
8.
AOL Inc. is a corporation under the laws of Delaware. AOL Inc. is the parent
company of the defendants, The HuffingtonPost.com, Inc. and AOL Canada Inc.
In or about July 2014, Stewart wrote an article entitled "Hecklers, Hooligans and
On or about July 16, 2014, the AOL Defendants published the Article on the
The Article included the following words of and concerning the plaintiff:
Eric Lindros was a player I got off with on the wrong foot and we never
developed a rapport because neither he nor I wanted one. It started out
innocently enough.
was working an afternoon Philadelphia-New Jersey game at the
Spectrum; the back end of ahome-and-home. The Devils won the previous
game, 6-4, in a game refereed by Mark Faucette. The game got chippy late
in the third period, with about 40 penalty minutes being handed out in the
final five minutes, including roughing penalties to Lindros and Scott Stevens
in the waning seconds of the game.
The start of the game at the Spectrum was delayed several minutes. I had
to wait for the red light on the scorer's table to indicate that the broadcast
had returned from a commercial and it was OK to drop the opening faceoff.
During the delay, I made small talk with several of the Devils and Flyers on
the ice. I said hello to Mark Recchi and talked to Bernie Nicholls. I then tried
to greet the 19-year-old rookie Lindros.
"Hey, Eric. How are things going? How's your dad?" I asked.
The response: "[Bleep] you. Just drop the [bleeping] puck already."
Lindros was apparently in a bad mood because he'd recently missed 12
games with a knee injury, the team was in a losing skid, and he'd had a
tough game in New Jersey. This game was also played about a week after
Lindros had to go to court in Toronto after the Koo Koo Bananas incident.
You know what? Those were his problems, not mine. But we were about to
have a mutual problem.
Right off the opening faceoff, Lindros bulled forward and drilled Nicholls
under the chin with his stick. I ditched Lindros on ahigh-sticking penalty.
Before the game, I had brought a tube filled with posters to Flyers'
equipment manager Jim "Turk" Evers. The posters, which depicted Recchi
and Lindros, were to be autographed and then donated to a charity auction.
had done a similar thing in other cities, such as a Cam Neely and Ray
Bourque poster in Boston, and a Mario Lemieux and Jaromir Jagr in
Pittsburgh.
After the game, I want to Turk to collect the poster tube.
"Stewy, you're not going to like this," Evers said. "I don't have them."
"What do you mean you don't have them?" I asked.
"Well, Rex signed the posters but when Eric found out they were for you, he
tore every one of them up. I'm sorry about that."
never spoke to Eric Lindros again.
One year, much later in his career when he was with the Rangers, I ended
up getting him on eight minor penalties that season. I caught some heat for
it from John Davidson on the Rangers' broadcasts, but the truth of the
matter was this: I did NOT go out of my way to "invent" penalties on Lindros
-- or any player -- but I wasn't going to give that guy a break on anything
borderline that I might have let slide with a player who had gained
acceptability with me.
With some players, on the other hand, a bad relationship can be fixed over
time.
~~
The words written by Stewart in the Article and published by the AOL Defendants
are inaccurate, untrue, and defamatory of the plaintiff in their nature and ordinary
meaning, as follows:
(a)
The statement that Lindros did not want a rapport with Stewart is false and
makes Lindros out to be unfriendly or hostile;
(b)
The statement that Lindros swore (i.e. "bleeped") at Stewart is false and
makes Lindros out to be unfriendly, hostile, rude and insulting;
(c)
The statement that Lindros refused to sign posters intended for a charity
auction, and more shockingly, tore them up because they were solicited by
Stewart, is false and makes Lindros out to be unfriendly, hostile, rude,
insulting, vindictive, cruel, uncharitable and generally a despicable person;
and
(d)
The statement that Lindros "failed to gain acceptability" with Stewart falsely
attributes blame for that alleged failure and further falsely makes him out to
have done something wrong or improper(such as the false allegations in (a)
to (c), above) to justify that unacceptability and Stewart's conduct towards
him as a referee.
These statements impute moral fault to or personal conduct of the Plaintiff that a
reasonable person would consider disreputable. As a result, reasonable and ordinary
readers of the Article would regard Lindros with contempt or ridicule.
13.
The Article was published by Stewart and the AOL Defendants with the knowledge
and intention that it would be republished and redisseminated via linking from other
websites on the Internet, via quotation or paraphrasing in whole or in part on other
websites, or via a combination of the two (the "Republications").
15.
paragraph 13, above. At least 47 Republications known to the Plaintiff occurred between
the Initial Publication and August 20, 2014, as listed and described in Appendix "A".
16.
It was it was both intended by and foreseeable to Stewart and the AOL Defendants
that the Article would receive widespread public attention and readership. Lindros is a
well-known public figure, particularly in Canada and the United States and other countries
where ice hockey is popular. Furthermore, it was foreseeable to Stewart and the AOL
Defendants that the libellous content contained in the Article would cause Lindros
significant and permanent damage to his personal reputation.
17.
dissemination and republication of the Article and its contents would occur following the
Initial Publication. The libellous content of the Article and Lindros' role as a public figure
made the Article likely to attract a significant amount of public attention and interest. The
aggravated damages suffered by the Plaintiff as a consequence were caused by and are
the responsibility of the Defendants.
19.
The defendants are at law fully responsible for any and all damages suffered by
In the event that this claim is served outside of Ontario, the plaintiff relies upon the
21.
(a)
(b)
(c)
(d)
(e)
-11APPENDIX "A"
(1) Publication of the Article:
Title
(a) Hecklers, Hooligans and the Striped-Shirted
Maitre D
Author
Paul Stewart
Date
July 16,
2014
Source
The Huffington
Post
(2) Publication of Internet links to the Article or direct quotes from the Article only:
Title
(a) Top Line: 10 years of free agent bests, worsts;
Ice Girls flap rages; more
(b) PHT Morning Skate: That Lindros Story that's
making Rounds
(c) Thursday Morning Fly By: Wherefore art thou
hockey news
(d) Colorado Avalanche: News from around the
NHL July 17th, 2014
(a) Starboard
(e) Dagenshockey.se
Author
Allan Muir
Mike Halford
Kelly Hinkle
Sandie
Gauthier
"Serious
Gord"
Unknown
Date
July 17,
2014
July 17,
2014
July 17,
2014
July 17,
2014
July 14,
2014
July 16,
2014
Source
Sports Illustrated
NBC Sports
SB Nation
SB Nation
Oilersnation.com
Dagenshockey.se
(3) Instances of republication which include an Internet link to, direct quote from the
Article, or reference to the Article, with supplementary commentary:
Title
(a) Former NHL ref details altercation
with former Flyer Eric Lindros
(b) Teenage Eric Lindros destroyed a
bunch of posters he was supposed
to sign for charity
(c) Eric Lindros, ex-Flyer, Ranger once
angered referee Paul Stewart by
tearing up charity posters
(b) Ex-NHL ref shares story about Eric
Lindros being a huge jerk
(c) PHT Morning Skate: That Lindros
story that's making rounds
(d) Right call? Ex-ref says he cut
Lindros zero slack after sour
encounter
(d) Former NHL ref tells cute story
about teenage Eric Lindros
Author
Unknown
Harrison Mooney
Date
July 16,
2014
July 16,
2014
Source
Philly.com
Yahoo Sports
Charles Curtis
July 16,
2014
Anthony
Vasquez-Peddie
NBCSports.com
July 17,
2014
July 17,
2014
July 17,
2014
Canoe.ca Sports
Blog
Ajc.com
Fox Sports
Justin Klugh
July 17,
2014
Ajc.com
Philly.com
-12Title
(e) Former ref: I cut Lindros no slack
after run-in; ex-trainer fires back
(f) Eric Lindros was supposedly a
huge a-hole as a rookie
(g) Teenage Eric Lindros destroyed a
bunch of posters he was supposed
to sign for charity
(h) Former NHL ref details altercations
with former Flyer Eric Lindros
(i) A Funny Story About Then-Rookie
Eric Lindros Being a Huge
Dickhead
(j) Eric Lindros, ex-Flyer, Ranger once
angered referee Paul Stewart by
tearing up charity posters
(k) Eric Lindros isn't having the best
month in the PR department
(I) Thursday Links Acoustic Daft
Punk
(m)NHL 2013/14 Regular Season
Thread
(n) Eric Lindros Was Kind of a Dick As
a Youngin
(o) Ex-NHL ref shares story about Eric
Lindros being a huge jerk
(p) Retired NHL Referee Paul Stewart
has a piece in the Huffington Post
slamming make-up calls, "Two
Wrongs Don't Make a Right"
(q) Eric Lindros, ex-Flyer, Ranger once
angered referee Paul Stewart by
tearing up charity posters
Author
Fox Sports
Date
Source
July 17,
2014
July 18,
2014
July 16,
2014
Fox Sports
July 16,
2014
July 16,
2014
Philly.com
Charles Curtis
July 16,
2014
Lockerdome via
nj.com"
John Chandler
July 17,
2014
July 17,
2014
July 23,
2014
July 16,
2014
July 17
2014
Unknown
The Negadelphia
Diaries
SB Nation
D1i1. ~.~
July 16,
2014
FlyersPhans
Rob Giannone
July 18th,
2014
Buzzonbroad.com
July 17,
2014
Liberty City
July 16,
2014
Buzz on Broad
Steve DelVecchio
Harrison Mooney
Unknown
Samer Kalaf
"Donut King"
Message Board
Sm itty
Anthony
Vasquez-Peddie
Unknown
Unknown
Deadspin
Uhlinks.com
Barstool Sports
Canoe.ca
Reddit.com/r/hockey
-13Title
Author
(u) My Take On the Eric Lindros Huffpo Filimydelphia
Story That Has Everyone So
Anti-Lindros These Days
Date
July 17,
2014
Source
Saltshaker
Jim Adair
July 18,
2014
Crossing Broad
nj.com
July 16,
2014
NJ.com
Author
Andy Gray
July
17,
2014
Sports Illustrated
Linked to: Yahoo Sports: "Teenage
Eric Lindros destroyed a bunch of
posters he was supposed to sign for
charity."
Jen Neale
July
~$
2014
Yahoo Sports
Linked to: Buzz on Broad: "Flyers
Equipment Manager Jim "Turk" Evers:
"Lindros Story was NOT True"
Unknown
July
16,
2014
FS Network
Linked to: Yahoo Sports: "Teenage
Eric Lindros destroyed a bunch of
posters he was supposed to sign for
charity."
Charles
Curtis
July
16,
2014
Unknown
July
16,
2014
Hockey or Die
Linked to: NJ.com "Eric Lindros,
ex-Flyer, Ranger once angered regeree
Paul Stewart by tearing up charity
posters
Also Linked to: Deadspin: "A Funny
Story About Then-Rookie Eric Lindros
Being a Huge Dickhead
HFBoards
Linked to: Deadspin: "A Funny Story
About Then-Rookie Eric Lindros Being a
Huge Dickhead
Date
Source
-14Title
Author
Date
Source
Charles
Curtis
Unknown
Harrison
Mooney
July
16,
2014
Mike
Majeski
July
17,
2014
Fansided
Linked to: Puck Daddy Teenage Eric
Lindros destroyed a bunch of posters he
was supposed to sign for charity
Unkown
July
16,
2014
Reddit.com/r/hockey
Linked to: Deadspin "A Funny Story
about Then-Rookie Eric Lindros Being a
Huge Dickhead'
Samer
Kalaf
July
16,
2014
Veooz
Linked to: Deadspin "A Funny Story
about Then-Rookie Eric Lindros Being a
Huge Dickhead'
Blog
July
16,
2014
Phillysportsforums.com
Linked to: Deadspin "A Funny Story
about Then-Rookie Eric Lindros Being a
Huge Dickhead':
Samer
Kalaf
July
16,
2014
Unknown
July
16,
2014
Unknown
July
16,
2014
July
16,
2014
Veooz.ca
Linked to: NJ.com "Eric Lindros,
ex-Flyer, Ranger once angered referee
Paul Stewart by tearing up charity
posters"
Reddit.com/r/hockey
Linked to: buzzonbroad.com, "Flyers
Equipment Manager Jim `Turk' Evers:
`Lindros Story Was NOT True"'
HF Boards
Linked to: Deadspin "A Funny Story
about Then-Rookie Eric Lindros Being a
Huge Dickhead'
ERIC LINDROS
Plaintiff
and
ONTARIO
SUPERIOR COURT OF JUSTICE
PROCEEDING COMMENCED AT
TORONTO
STATEMENT OF CLAIM