“Further, she made statements to the effect that Ms. Claman knew or ought to have known that Ms. Deakin allegedly associates with criminals.”
The statements, made by Zilba to CBC on Monday, the day after the Vancouver shooting, were intended to lower the reputation of the plaintiffs in the eyes of the public, says the lawsuit.
Deakin, 28, and a 27-year-old male companion were outside their vehicle at a gas station on East Hastings Sunday night when they were fired upon by an unknown gunman in an SUV.
Deakin was shot in the shoulder and was listed in stable condition following surgery. The male, shot in the hand, was treated and released but later arrested on an outstanding warrant.
Details of the warrant were not released by police, who told reporters it was a targeted shooting and that they were looking at a possible gang connection. Police also warned young women to stay away from people with drug and gang connections.
A lawyer for the plaintiffs sent Zilba a “cease and desist” letter demanding that she refrain from making further defamatory statements but on Tuesday, Zilba repeated the defamation on Facebook, it says.
“All defamatory statements made by the defendant were made with malice, in that they were made with the intent to harm and injure the plaintiffs and not for any legitimate purpose, and were made in spite and vengeance by the defendant.”
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| Mia Deakin Claman at the hospital recovering and getting glammed. Photo Credit: Jody Claman/Twitter |
In addition to general and punitive damages, damages for “negligent misstatement” and intentional infliction of mental anguish and emotional distress, the plaintiffs sought an interim and permanent injunction directing Zilba to cease and desist the alleged defamation.
An application for the injunction was heard before B.C. Supreme Court Justice Miriam Maisonville on Tuesday and then adjourned until Wednesday. The result of the hearing had not been entered into the court registry file by late Wednesday.
A lawyer for Claman and Deakin could not be reached. Zilba could not be reached. No response has been filed to the lawsuit, which contains allegations that have not been proven in court.
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Source: Province
Photo Credit: Slice
