09/07/2017 18:01 FAX G04g81610 WCCONCHTE LAW CORP @o04/o08 No, $2600 Powell River Registry IN THE SUPREME COURT OF BRITISH COLUMBIA GORDON FREDRICK DAVID WILSON PLAINTIFF HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA BY OFFICER OF THE GOVERNMENT, THE HONOURABLE JOHN HORGAN, PREMIER OF BRITISH COLUMBIA, HER MAJESTY THE. QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA BY OFFICER OF THE GOVERNMENT, THE HONOURABLE BRUCE RALSTON, MINISTER OF JOBS, TRADE AND TECHNOLOGY, JOHN JOSEPH HORGAN, BRUCE H. RALSTON AND RACHEL A. BLANEY DEFENDANTS ‘RESPONSE TO CIVIL CLAIM Filed by: John Joseph Horgan (the “defendant”) Part 1: RESPONSE TO NOTICE OF CIVIL CLAIM FACTS Division 1 —Defendant’s Response to Facts 1. The facts alleged in paragraphs 2 to 8 of Part 1 of the notice of civil claim are admitted. 2. The facts alleged in paragraphs 16 to 37 inclusive of Part 1 of the notice of civil claim are denied. 3. The facts alleged in paregraph 1 and paragraphs 9 to 15 of Part | of the notice of civil claim are outside the knowledge of the defendant John Joseph Horgan (“Horgan”), Division 2~ Defendant's Version of Facts 4, Paragraph 16, paragraph 19 and paragraphs 22 to 37 inclusive of Part 1 of the notice of civil claim: a, do not disclose a reasonable claim; and/or09/07/2017 18:01 FAX 049901810 WCCONCHTE Lav CORP @ 005/008 6 8 2+ b. are unnecessary, frivolous, or vexatious; and/or ©. muy prejudice or delay the fair trial or hearing of this action; and/or dare otherwise an abuse of the process of this court; and should therefore be struck out. Further, and in the altemative, if the defendant Horgan made any statements about the plaintiff, those statements were not capable of being defamatory of the plaintiff, and were not in fact defamatory of the plaintiff, as elleged or at all. Further, and in the altemative, any statements about the plaintifY were fully protected by the defence of fair comment and/or the defence of qualified privilege. Further, and in the alternative, the defendant's statements were made without malice on a matter of public interest on the basis of information from apparently reliable and qualified sources within the British Columbia goverment, and were protected by the defence of responsible communication in all the circumstances, Further, and in the alternative, the defendant Horgan expressly denies that the plaintiff ‘has suffered injury, loss or damage as alleged or at all. Division 3 — Additional Facts Further, and in the alternative, if the plaintiff has suffered injury, loss or damage as alleged or at all, which is not admitted but expressly denied, the defendant Horgan made 4 full and fair apology on August 8, 2017, which was given wide dissemination in the print, broadcast and online media. Part 2:RESPONSE TO RELIEF SOUGHT 10, My 12, ‘The defendant Horgan consents to the granting of the relief sought in paragraphs NIL of Part 2 of the notice of civil claim. ‘The defendant Horgan opposes the granting of the relief sought in paragraphs 1. to 1. i inclusive of Part 2 of the notice of civil claim. ‘The defendant Horgan takes no position on the granting of the relief sought in paragraphs NIL of Part 2 of the notice of civil claim.09/07/2017 13:01 FAX G0agee1610 WCCONCHTE Lav CORP @o0g/008 Part 3:LEGAL BASIS 1 ‘The common law including the common law relating to defamation, misfeasance in public office and damages, 2, The common law relating to pleading claims for defamation, misfeasance in public office and damages. 3. The notice of civil claim does not comply with Rule 3-1(2) or Rule 3-7 of the Supreme Court Civil Rules and the common law. 4 Paragraph 1 (9 of Part 2 of the notice of civil olsim violates Rule 3-7(14) of the Supreme Court Ch vil Rules and the common law. $. Rule 9-5(1) and the inherent jurisdiction authorizes the Court to strike the offending ‘paragraphs of the notice of civil claim. ‘Defendant's address for service: 290 ~ 889 Harbourside Drive North Vancouver, BC V7P 381 Fax number address for service (ifeny); 604-988-1610 E-mail address for service (if any): None Date: September 7, 2017 ignatyfe of lawyer for defendant Roger. McConchie McCénchie Law Corporation { Soljéitor for the defendant Jolin Joseph Horgan Rule 7-1(1) of the Supreme Court Civil Rules states: (1) Unless all parties of record consent or the court otherwise orders, each party of record to an action must, within 35 days after the end of the pleading period, (@) prepare a list of documents in Form 22 that lists () all documents that are or have been in the party's possession or control and that could, if available, be used by any party at trial to prove or disprove a material fact, and Gi) all other documents to which the party intends to refer at triel, and (b) serve the list on all parties of record,