Photo by Whitehorse Star
Pictured above: ANDREW ROBULACK
Photo by Whitehorse Star
Pictured above: ANDREW ROBULACK
Though disappointed with Yukon Supreme Court Justice Randall Wong's order he pay out close to $80,000 in defamation damages to David and Stanley Borud and Borud Enterprises,
Though disappointed with Yukon Supreme Court Justice Randall Wong's order he pay out close to $80,000 in defamation damages to David and Stanley Borud and Borud Enterprises, Andrew Robulack says he is not surprised.
"Hopefully, I can learn from my mistakes," the former executive director of Little Paws Daycare told the Star this morning, after noting it comes as a hard lesson that will likely see him declare bankruptcy.
The court decision was handed down last Thursday, about six months after the Boruds filed the lawsuit for defamation.
They were seeking a total $120,000 in damages: $30,000 in general damages and $15,000 in aggravated damages for each of the three parties.
They were each awarded $25,000 in general damages and $10,000 in aggravated damages, totalling $78,000.
The lawsuit argued Robulack made defamatory statements against the Boruds 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 blog.
In its version of the letter, the Star deleted several sentences it deemed inappropriate for publication.
The Boruds, who were the landlords for the former Range Road daycare, argued their reputation was seriously injured and the brothers "have been held up to public scandal, ridicule and contempt."
The daycare closed last December when it was evicted from the Borud building for being in arrears on its rent.
At the time, Robulack said he was struggling to deal with the $12,000 per month rent on the 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 website last Dec. 18, the following day in the Star and on Dec. 22 in the Yukon News.
It also cited several other quotes that appeared on Robulack's blog throughout December.
Although the lawsuit also pointed to a later letter (published in the Star last Feb. 29) signed by Robulack, that the earlier statements were "without foundation and contained false and defamatory allegation," the court documents argued 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 stated.
It was also offered only after the Boruds demanded it, and on the condition the matter didn't go to court, it was pointed out.
Though "not happy" with the order last Thursday, Robulack, who represented himself in court, said he's not surprised by the outcome and has a sense of relief now that he knows what the order is and can move forward.
"I'm glad it's over," he said.
He added there's "a million things" he'll take away from this and in the future will first look out for himself in such matters.
Another daycare has since moved into the Range Road building.
Neither of the Boruds involved in the case returned phone calls from the Star this morning.
In order to encourage thoughtful and responsible discussion, website comments will not be visible until a moderator approves them. Please add comments judiciously and refrain from maligning any individual or institution. Read about our user comment and privacy policies.
Your name and email address are required before your comment is posted. Otherwise, your comment will not be posted.
Comments (1)
Up 1 Down 1
anonymous on Aug 10, 2009 at 4:26 pm
"and in the future will first look out for himself in such matters"
Are you kidding me? You only looked out for yourself in the first place!!! Your staff didn't even get paid and that isn't even mentioning all the parents who were out daycare fees for the month of December. You idiot. Looks good on you. Don't think we have forgotten.