The Borys Wrzesnewskyj Election Campaign

October 13, 2008 14:42 ET

In Historic Finding, Ontario Superior Court Judge Issues Injunction Against Conservative Candidate Axel Kuhn and His Campaign in Etobicoke Centre

TORONTO, ONTARIO--(Marketwire - Oct. 13, 2008) - The incumbent Liberal candidate in Etobicoke Centre, Borys Wrzesnewskyj has been the victim of a defamation campaign orchestrated by his Conservative opponent.

Regarding campaign literature that Mr. Kuhn's campaign has been distributing, the Honourable Justice G. R. Strathy of the Superior Court of Justice stated:

"The injunction sought is a serious interference with freedom of speech and, particularly in the context of a federal election campaign, that right should be limited in only the most extraordinary circumstances.

In my view the words in question are clearly defamatory. They imply that the plaintiff has been derelict in his duties as a member of Parliament and that he does not deserve to be paid his salary. Based on the sworn evidence of the plaintiff, the words cannot be justified.

I am satisfied, as well that the plaintiff has demonstrated a serious issue to be tried, and irreparable harm if the injunction is not granted."

Borys Wrzesnewskyj states: "The Conservative candidate and the Conservative Party of Canada have made blatantly false statements about my voting record and attendance in the House of Commons and at Committee meetings. He's dropping flyers with these statements on Thanksgiving weekend just before the election knowing that there's a virtual impossibility to respond. In fact, my voting record is 79%, which is among the highest in the House. My Committee attendance is even better, at 89%. Mr. Kuhn has alleged that I have failed to attend meetings of Committees of which I am not even a member. These defamatory statements have caused tremendous damage to my reputation. Notwithstanding this being the Thanksgiving Day long weekend I am seeking a legal injunction to stop Mr. Kuhn and the Conservative Party."

"With these statements the Conservative candidate has attempted to destroy Borys' good name. These tactics in my opinion are a sign of a desperate campaign," said Terry Chemij, Campaign Manager for Borys Wrzesnewskyj. An injunction has been issued against Mr. Kuhn. The judge said in his views, "the words in question are clearly defamatory".

Mr. Wrzesnewskyj further state: "In Etobicoke Centre a weekend has not gone by without Liberal signs in whole neighbourhoods and on main streets being cut in half or disappearing. Over 250 signs were destroyed or stolen. Liberal campaigns throughout Southern Ontario have been subjected to vandalism and dirty trick campaigns, including destroyed signs, cut brake lines, graffiti and the like. If candidates engage in this type of organized malice what would they be capable of as elected officials?"

Mr. Kuhn ran for the first time in January 2006 and lost to Mr. Wrzesnewskyj by more than 10,000 votes. "This is Axel Kuhn's second run at this seat and it is our understanding that based on current Conservative Party practice, he will be ineligible to run again if he doesn't win this time," said Andre Kostecki, Official Agent for the Borys Wrzesnewskyj Election Campaign.

"Due to the findings of Judge Strathy today I am calling for Mr. Kuhn to withdraw his candidacy," stated Mr. Wrzesnewskyj.

Contact Information

  • The Borys Wrzesnewskyj Election Campaign
    Terry Chemij
    Campaign Manager
    (416) 621-1060
    Cell: (416) 830-8632
    The Borys Wrzesnewskyj Election Campaign
    Andre Kostecki
    Official Agent
    (416) 319-2639