Little Paws issue lands in Supreme Court
The former executive director of the Little Paws Learning Centre in Takhini is facing a lawsuit by the daycare's former landlords.
The former executive director of the Little Paws Learning Centre in Takhini is facing a lawsuit by the daycare's former landlords.
Brothers Stanley and David Borud and their company, Borud Enterprises, filed the 10-page documents in Yukon Supreme Court last Wednesday.
They argue that Andrew Robulack made defamatory statements against themselves and their business late last year in an open letter to Health and Social Services Minister Glenn Hart and published in local newspapers and on his own website.
"By reason of the publication of the words, the plaintiffs have been seriously injured in their character, credit and reputation in the community and have been held up to public scandal, ridicule and contempt," reads the lawsuit.
Last December, Little Paws closed when it was evicted for being in arrears on rent.
At the time, Robulack said he was struggling to deal with the $12,000 per month rent on the Range Road building it had moved into in 2007. The new building sits on the same site as the previous structure, which had been torn down.
Robulack cited the increased rent on the site - up to $12,000 per month from the previous $4,000 - as the primary reason for the organization's financial problems.
In the lawsuit, the Boruds first cite the open letter to Hart that was published on Robulack's web site on Dec. 18, the following day in the Star and on Dec. 22 in the Yukon News.
The Star deleted several sentences in the letter the paper deemed inappropriate for publication.
While the court documents argue the whole letter was defamatory, they also point to seven specific quotes as examples.
They then go on to point to other entries on Robulacks' web site of Dec. 14, 17, 18 and 20 as making extensive defamatory comments and providing both David's and Stanley's personal contact information for the public.
Although the lawsuit also points to a later letter (published in the Star's Feb. 29 edition), signed by Robulack, that the earlier statements were "without foundation and contained false and defamatory allegation," the court documents argue the apology came too late.
"The defendant's delay decreased the effectiveness of the apology in undoing the injury to the plaintiff's reputations," the court documents state.
It was also offered only after the Boruds demanded it, and on the condition the matter didn't go to court, it's argued.
In seeking general and aggravated damages, the lawsuit also claims Robulack "attacked" the Boruds' business reputation in a small community, made a private dispute public with the intention of publicly discrediting the Boruds, and invited the general public to "contact and berate" them.
The Boruds are also seeking interest, costs and anything else the court sees fit from the lawsuit, though the documents don't state a set amount they seek for damages.
Comments (5)
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anonymous on Apr 13, 2009 at 9:17 am
Are you KIDDING ME!!!! Andrew lied and left me without childcare ONE DAY before the weekend! Packages, posters and notices!!!! What planet were you on? Andrew took my money for the month of december knowing that the daycare was in trouble. Money, I might add, that I have yet to, or will ever, see. I had to pay another daycare, therefore paying twice! I also read about the trouble with the daycare in the newspaper...before being told by ANYONE, especially Andrew at the daycare. Give me a break. The guy deserves whatever he gets.
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Pete Richards on Apr 13, 2009 at 8:46 am
I don't understand how they think the building rent was worth $12,000/m
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Former Little Paws employee on Apr 9, 2009 at 11:52 am
Mosi,
A a former employee of Little Paws that lost my job and my pay in December, I am still having a hard time sympathizing with you. Andrew took the position of Executive Director at Little Paws as a concerned parent that didn't want the daycare to close. If it wasn't for his actions, your child would probably have been without care much earlier.
As for the open letter to Glen Hart, I believe it was an attempt to get the staff their due pay, and he was not the only author of that letter. Members of the past board of directors also signed that letter, so why is Andrew the only one being held accountable?
I don't know where the courts stand on information that one shares on their PERSONAL website, but I do believe in freedom of speech and freedom of expression.
Andrew did a lot for the staff and children at Little Paws. He even worked to find alternative care for every child there by personally calling and emailing other centres asking for help.
Mosi, you seem to have forgotten the packages, posters and notices he personally prepared in the last few days of Little Paws. I think your anger is misplaced.
Andrew's actions of going to the media were, I believe, in hopes to get sympathy from the landlords to let the daycare stay open until the end of the month. No such luck. Who knows how differently things may have played out had that happened. Perhaps the building wouldn't still be empty and the landlords wouldn't feel compelled to hold an individual responsible for their business losses. They did after all enter an agreement with a not-for-profit organization.
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Scared Rabbit on Apr 9, 2009 at 11:02 am
Yikes Mosi! Don't ever ask me to babysit your kids, ok?
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mosi on Apr 7, 2009 at 2:02 am
PRAISE GOD. Let real justice be done. I hope the LANDLORDS WIN! Those who ran Little Paws in the first place were real (CENSORD) I cannot say it, but the news reports speak for themselves. If I were to really tell them how I feel after being left out in the cold holding the bag with no childcare for our children, it would be offesive to anyone in a bar. I would like to attend the Court, but 'no' I need to stay away and keep myself safe. I would no doubt 'loose it' and be held in Contempt of Court. GOOD LUCK AND ALL MY BLESSINGS with your lawsuit. WIN IT for our Children.