“Curiouser and Curiouser,” Alice exclaimed, in her plea from Wonderland — which pretty much describes the ever-evolving perambulations in former radio host Jian Ghomeshi’s fight against his firing from the CBC. Ghomeshi has no right to sue his former employer, and yet here he is proceeding with filing his $55-milliion lawsuit. It looks bizarre until you realize that what the lawsuit is really about isn’t winning in court: It’s about Ghomeshi being able to say whatever he wants in legal documents with total protection from being sued for libel himself, while intimidating women from going public with allegations of assault at Ghomeshi’s hands.
What we know is that Ghomeshi has filed a lawsuit despite the fact that, as a unionized employee, he has no recourse to sue — and that he and his lawyers must know that. Ostensibly curious indeed!
We can also safely assume that the CBC would never have taken lightly the prospect of firing one of its biggest stars. The corporation had to have concluded that the damage from keeping Ghomeshi would be greater than the opprobrium it would get from firing him.
We can also assume that Ghomeshi would not have posted his very personal account of his sexual eccentricities on Facebook, only increasing that story’s traction. Not unless he knew that a far more powerful attack, and bigger story, was otherwise inevitable, and hoped to quickly clip its wings.
The themes of a jilted, revenge-filled lover, anxious to bring down a powerful male (Ghomeshi’s version of things) can have some resonance — unless there is a more compelling contrary narrative (as in, the later reports alleging that Ghomeshi violently assaulted a number of women). Particularly when that latter story has a plethora of willing witnesses. Ghomeshi and his legal and PR team’s job is to ensure that such a contrary narrative never gathers momentum (or witnesses).
But if Ghomeshi knows, as he must, that his civil case will be quickly dismissed, there appear to be two good reasons to file the suit anyway: One, it gets his story onto the public record, without any possible recourse. Statements of claim are privileged; through this claim, Ghomeshi, like any litigant, can get anything he wishes onto the public record with absolute legal impunity. The arbitration process where his case must ultimately end up due to his unionized status, is entirely private.
Unlike with his more moderate Facebook posting, Ghomeshi cannot be sued for whatever he decides to state in his claim, however libellous it is. Issuing a statement of claim — however frivolous — is therefore often a PR masterstroke. It gets his message onto the public record, and reported, without any fear of legal repercussion. Indeed, the claim (which is currently getting thousands of readers online) pretty viciously disparages the CBC’s management.
more clear thinking
The real reasons Jian Ghomeshi is suing the CBC | Financial Post
Phil Motörhead @philmoorhead
If you're unsure how to feel about Jian Ghomeshi, imagine you heard the same allegations about a professional football player.
What we know is that Ghomeshi has filed a lawsuit despite the fact that, as a unionized employee, he has no recourse to sue — and that he and his lawyers must know that. Ostensibly curious indeed!
We can also safely assume that the CBC would never have taken lightly the prospect of firing one of its biggest stars. The corporation had to have concluded that the damage from keeping Ghomeshi would be greater than the opprobrium it would get from firing him.
We can also assume that Ghomeshi would not have posted his very personal account of his sexual eccentricities on Facebook, only increasing that story’s traction. Not unless he knew that a far more powerful attack, and bigger story, was otherwise inevitable, and hoped to quickly clip its wings.
The themes of a jilted, revenge-filled lover, anxious to bring down a powerful male (Ghomeshi’s version of things) can have some resonance — unless there is a more compelling contrary narrative (as in, the later reports alleging that Ghomeshi violently assaulted a number of women). Particularly when that latter story has a plethora of willing witnesses. Ghomeshi and his legal and PR team’s job is to ensure that such a contrary narrative never gathers momentum (or witnesses).
But if Ghomeshi knows, as he must, that his civil case will be quickly dismissed, there appear to be two good reasons to file the suit anyway: One, it gets his story onto the public record, without any possible recourse. Statements of claim are privileged; through this claim, Ghomeshi, like any litigant, can get anything he wishes onto the public record with absolute legal impunity. The arbitration process where his case must ultimately end up due to his unionized status, is entirely private.
Unlike with his more moderate Facebook posting, Ghomeshi cannot be sued for whatever he decides to state in his claim, however libellous it is. Issuing a statement of claim — however frivolous — is therefore often a PR masterstroke. It gets his message onto the public record, and reported, without any fear of legal repercussion. Indeed, the claim (which is currently getting thousands of readers online) pretty viciously disparages the CBC’s management.
more clear thinking
The real reasons Jian Ghomeshi is suing the CBC | Financial Post
Phil Motörhead @philmoorhead If you're unsure how to feel about Jian Ghomeshi, imagine you heard the same allegations about a professional football player.
Lauren Dobson-Hughes @ldobsonhughes 
