Updated January 8, 2016
Prior to Cause of Action: There was a previous issue in which Oliver Canby accused me of being a homosexual and a paedophile. A Writ was filed in April 2010. However Oliver deleted his blog and it appeared through his father that he was remorseful and would not do it again. I deleted my blog on him (but retained the contents offline just in case) as I was still on Blogger myself at the time, and discontinued the action. It took a month before Canby was back online and I restored my blog in response but there were no further acts of defamation until late January 2011.
Cause of Action: On May 17, 2011, Canby blatantly stated that I am not on the Autistic Spectrum.
- I started a defamation action under the Defamation Act 2005. This was filed on June 28, 2011. I applied for a waiver of the court fees and this was accepted.
- The belief that the case against Best would be an important precedent, and thinking that it would be concluded within 12 months led me to delay serving the Writ.
- In February 2012 it first became clear that it wouldn’t conclude in time, but now financial restrictions were preventing service.
- I subsequently amended the Statement of Claim to include more instances of defamation and damage. I was now including a claim under the Wrongs Act 1958.
- On June 12, 2012 I was finally in a position to serve Canby. The registry ruled that the Writ would not be served in time forcing me to apply for an extension of time.
- On June 25, 2012, the application for an extension of time to serve the Writ was approved. On June 26, 2012, the process was sent by the Court to the Central Authority for service.
- On August 6, 2012, Canby was personally served.
- He had 42 days to file an appearance, bringing us to September 17. He failed to do so, despite being given plenty of time.
- I filed an application to proceed in the absence of an appearance and a summons was sent to be served on Canby.
- On January 5, 2013, Canby was served via his mother on the fourth try. The attempts to avoid service have been noted.
- On February 11, 2013, notice was verbally given that the application was to be referred to an undefended trial as it was with Best.
- Substantive alterations needed to be made to the Writ to make the Wrongs Act application clear. This was completed.
- Financial restraints prevented service commencement until September 2013, when the amended Writ was sent for service.
- On November 26, 2013, Canby was served with the amended Writ. Notification of this was received on January 16, 2014.
- Illness delayed the undefended trial, but it was held on January 13, 2015.
- On January 27, 2015, Canby was found guilty of defaming me.
- On February 26, 2015, the time for appeal against the decision expired.
- Pursuit of damages should proceed once the Best pursuit is concluded to set a precedent.
- From December 16, 2015 to January 3, 2016, Canby made eight separate death threats to me and action is being taken.
Practical notes of the progress will be noted. Hiding the entries and editing entries that prove my case have made no difference. Copies were already taken of the original content.
Should Mr Canby wish me to not proceed with the pursuit of damages awarded and the latest nonsense he needs to;
1. Delete his blog and never bring it back.
2. Apologise unreservedly on the public domain and in writing to me for the false statements.
3. Publish a complete retraction of the incitement of March 12, 2012 stating he does NOT want anyone to proceed and state that no money is on offer. A statement that the incitement was an “extreme joke” is not acceptable in the retraction.
4. The same applies to the more recent death threats including a complete revoking of them.
If however he wants me to delete the section on him on my website, he’s going to have to admit in public that Autism is not a disease and that he was wrong and I was right about it. He also needs to submit to proper therapy (through a 5150 order if it can be enacted) in order to adjust properly to living with the condition (which he still has), and stop blaming it for all his problems. But I seriously doubt he will do that so the section on my website stays.