Friday, October 26, 2012

Gray's lawyer writes

October 26, 2012

Mr. Jim Romahn
300 Keats Way
Waterloo, ON
N2L 6E6

Dear Mr. Romahn:

RE: L.H. Gray & Son Limited
Our File No.: 139567

I write further to your article “Bourdeau seeks criminal charges against Gray” dated October 24, 2012.

You appear to quote from “motions filed in court in Toronto” and specifically “Bourdeau’s motion for criminal charges” with three specific allegations listed.  I am not aware of any such motion filed that contains this information.  Kindly advise as to the source of your information and provide me with a copy.

As has been the case previously, your article contains significant factual errors.

Firstly, if the Court should order that criminal charges are to be laid against the company and/or employees, no arrest warrant would be issued against Mr. Gray.  A Summons would be served on the company and/or employees to attend to speak to the charges.

(I stand by my comment that the court could issue an arrest warrant,)

Secondly, the Court will not “stay the charges” as you suggest.  It will determine if there is merit for a prosecution to proceed and order accordingly.  We expect that the Court will not agree that any charges should be laid and will find the attempt to do so to be without merit.

(I don't understand how she knows what the court will not do.)

Thirdly, your statement that “So far all but one of those [contempt of court] motions has been dropped or dismissed” is also inaccurate.  On June 10, 2011 Mr. Bourdeau, then represented by counsel, consented to an Order arising from a contempt motion brought by my office for breach of an interim Order made by Mr. Justice Lauwers on March 10, 2011 in the context of the main contempt motion.  Mr. Bourdeau agreed to pay a penalty of $500.00 and costs to LH Gray of $1,500.00.  As such, there have been two contempt Orders made, only one of which is under appeal.

(She is correct and I apologize.)

Your articles continue to present biased and inaccurate information.  It is not the subject matter of reasoned journalism.

(What do you, the readers, think?)

Once again we remind you that if the source of your information is Norman Bourdeau, it is our position that he is in breach of the May 30, 2011 Order to which he consented that provides that he will refrain from communicating, directly or indirectly, verbally or in writing, with any members of the public with regards to any allegations of wrongdoing of L.H. Gray, including disseminating any information regarding the company. 

I have not met with Bourdeau, have not received telephone calls from him or e-mails from him. I do have a well-informed source that might surprise her.)

We require you to immediately correct the statements that you have posted regarding the above issues.  I also look forward to your prompt response regarding the source of your information for this article.

Yours very truly,

Created by AccuSoft Corp.
Allison Webster **Electronically signed in absence

Direct:   (519) 661-6780