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The outstanding lawsuit in which Patrick Draper is suing Gordon Hennigar, Richard Stringham, John Doe and ABC Corporation Ltd. for defamation would appear to have taken a new twist as Hennigar issued a Third Party Claim that brings Nolan Crouse into the lawsuit. Readers can download a copy of the Third Party Claim here.
Draper had sued Hennigar et al, for defamation claiming that Hennigar had forwarded an email to the St. Albert Gazette promoting the defamatory website called The Third Floor News.
Now in the Third Party Claim, Hennigar alleges Crouse must be the person who sent the email in question to the St. Albert Gazette. Hennigar is claiming that if, for some reason, he is held liable to Draper under the Statement of Claim, Crouse should be responsible to indemnify Hennigar for this judgment amount.
Originally it was Draper versus Hennigar et al, in which it was assumed that council would be in the background supporting Patrick Draper’s claim. However, now that Crouse is a potential third party, isn’t it theoretically possible that Crouse could end up paying any judgement damages that might be awarded by the courts to Draper? Don’t we now have Draper as the plaintiff and Hennigar and Crouse as basically co-defendants?
Since the city agreed to pay Draper's legal costs, will Nolan Crouse will be asking the city to cover his legal costs and potential liabilities for this Third Party Claim? If city council agrees to pay Crouse’s costs, would that not create the absurdity that the city of St. Albert would be financing the legal costs for both the plaintiff and one of the defendants? This potential absurdity can best be understood by 'following the money,' which might go something like this:
Draper persuades the city to pay his legal costs and in exchange agrees to remit any monies he receives from a judgement back to the city.
So assuming that Draper gets a judgement against Hennigar, say for $50,000, here is the potential trail; Draper would demand money from Hennigar; Hennigar would demand money from Crouse; Crouse would demand money from the city of St. Albert. In the foregoing situation … the city of St. Albert would pay Crouse … Crouse would pay Hennigar … Hennigar would pay Draper … and Draper would deliver the $50,000 back to the city of St. Albert.
Will Crouse Disclose Intentions To Council And Public?
As a result of the Third Party Claim, are taxpayers of St. Albert now at additional risk of being responsible for damages in the suit? Are taxpayers not entitled to know if Crouse intends to seek financial support for the claim from the citizens of this community via council approval?
While we note that to our knowledge, no statement of defence has been filed by Crouse in the matter, and the Third Party Claim is only an allegation at this point, doesn’t Crouse have an obligation to disclose his intentions to council and the public?
So many questions, so few answers. Wouldn't today’s Standing Committee on Finance meeting be a good place for Crouse to begin the transparency he claims to aspire to, for financial details pertaining to the Third Party Claim to city council?
Can You Help Find This Stolen Bike? A neon green and black Tek bike similar to the one pictured above was stolen from a downtown St. Albert restaurant the evening of October 9th, 2015. If found please call 780-460-8660. _____________________________________________________________________________ _________________________________________________________________________________ Reader Count
_____________________________________________________________________________ The Things That People Send Us A great billboard for a photo studio . . . The Daily GIF Courtship Dance Of The Great Argus Pheasant! A Lesson In Driving While I have no idea what this the words here mean, I think it should be entitled, ‘How not to leave the parking lot’. _________________________________________________________________________________
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