Defamation suit against Metro Vancouver Kink Society to proceed
Credit to Author: Jennifer Saltman| Date: Mon, 23 Dec 2019 22:35:27 +0000
A longtime member of the region’s kink community, known as Lord Braven, will be allowed to pursue his defamation lawsuit against the Metro Vancouver Kink Society, thanks to a recent court decision.
Seann Lyncaster is suing the non-profit society and its directors because of an open letter published in July 2017 and statements made at a town-hall meeting the following month, which were published in the society’s minutes in September 2017.
The open letter was addressed to Lord Braven, Lyncaster’s pseudonym, and alleged that he had invited a minor to his home, “Braven Manor,” for a discussion related to bondage, dominance, submission and masochism (BDSM), had abused vulnerable young women and had performed BDSM acts without the consent of his partners. Town-hall statements alleged potential predatory sexual conduct.
The society, which hosts educational and social events for the region’s kink community, ended its professional relationship with Lyncaster in the letter.
Lyncaster said the letter and statements have hurt his standing in the BDSM community, attendance at events at his home have dropped and he has not conducted workshops. He says it has caused him financial harm and stress, and he’s looking for damages and an injunction.
The society tried to have the case dismissed under the province’s anti-SLAPP (strategic lawsuit against public participation) legislation, which was passed this spring and is meant to protect people from lawsuits that prevent them from speaking out on matters of public interest because of the threat of long and costly legal action.
However, B.C. Supreme Court Justice Andrew Mayer said in a decision released on Friday that Lyncaster’s claim “does not have the hallmarks of the type of anti-SLAPP suit contemplated in the legislative debate.” He concluded that Lyncaster is not trying to use his suit to stifle expression or silence critics, and there is not a power differential in his favour in terms of access to money to pursue the case.
“In summary, I am satisfied that Mr. Lyncaster has demonstrated that the harm likely suffered by him as a result of the publication of the open letter, and the relevant communications that followed, is sufficiently serious that the public interest in permitting the proceeding to continue outweighs the public interest in protecting the expressions,” Mayer wrote in his decision.
Lyncaster’s lawyer, Greg Allen, said in an email that the judgment affirms what they argued in court, that the case is not a strategic lawsuit meant to stifle public comment, but instead raises a legitimate question about the nature and impact of the society’s statements. He said Lyncaster maintains the allegations against him are untrue.
Lawyer Bryan Baynham, who represents the society and its board, said his clients are disappointed.
“They hold no malice toward Mr. Lyncaster but they felt his lawsuit was one that ought to have been struck down at the outset,” Baynham said. “Nonetheless, MVK will proceed to prepare for trial, and they’re also considering the merits of an appeal.”
He said the society is having difficulty getting people to continue to serve as directors on its board because of the lawsuit.
“They’re volunteers and they’re just doing their best for the kink community in Vancouver, and they ought not be held to ransom for doing what they think was in the best interest of the community,” he said.
They have 30 days to file an appeal.
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