A reminder of the fantasies contained in Deep Water Recovery’s Response to Civil Claim and Countersuit. Some of what’s before the Judge.

DWR has to back up their allegations. Both of these documents were served on my lawyer Jason Gratl July 13, 2022. The third document is a cease and desist letter received by Jason on July 14, 2022.

Note that they claim I was told by DWR and the police not to fly over DWR property. False. The cease and desist letter from July 14, 2022, was the first notice I received from DWR with them claiming if I didn’t remove all the videos and images within 15 days they would take all necessary steps – and this is the day after they served the Response to Civil Claim and Countersuit.

So many falsehoods in their documents. Notice how many times videos and images are mentioned and ‘disseminating’, providing them to 3rd parties. That ‘disseminating’ is what triggered the PPPA application. Once Jason filed the Protection of Public Participation Act application, all documents were frozen. There is no going back and saying ‘my bad, didn’t mean to say that’, no amending anything. There is so much Justice Morley will be considering. Lots of exhibits and transcripts of sworn testimony during Examinations, and listening to the lawyers presentations, etc. At the heart of the PPPA the Judge considers “What’s really going on here?”

Since the PPPA application was filed, DWR lawyers have been scrambling, insisting their concern was the trespass, nuisance and privacy, while downplaying the video/images. They also believe this isn’t a case that would fall under the Protection of Public Participation Act, and are trying to convince the Judge.

I attended court Thursday Oct. 26, 2023, but most of it was over my head. Legal questions back and forth, case law, cases from Ontario PPPA, definitions, etc. Admire the Judge who is expected to absorb all this material from such a novel case, watching him with his highlighter when the lawyers refer to specific lines in documents, in the many huge binders, and making notations. Both sets of lawyers need to be sharp because Justice Morley is and his questions have the lawyers on their toes. It is very interesting.