Day 26
Note: I am a poor note-taker and these summaries will contain errors and omissions which will reflect my limitations. My intention is to report on the facts as accurately as possible although a subconscious bias may creep in. I can only provide glimpses into what I see as relevant and interesting events. My goal is to capture the essence of the day’s events rather than be comprehensive.
Read the reference documents: The Legal Case and Events Leading to Trial to obtain an understanding of the case and its history. Names and terms are abbreviated and defined in Glossary.
Direct Examination of Mr. Devonshire by Mr. Harrison (Caylan’s Counsel)
Mr. Devonshire is a chartered accountant (CPA, CA) and certified business valuator. He previously testified on Day 18 and was recognized as an expert in valuation and loss quantification. His earlier evidence addressed Caylan’s loss of income resulting from the alleged defamation.
He was recalled to provide supplemental evidence and explained that recently received information required four changes to his original report. These revisions were incorporated into a supplemental report, which was entered as an exhibit.
One of the key changes was the addition of a disability contingency. The supplemental report calculated Caylan’s past and future losses as follows:
| Past Loss Damages | ||
|---|---|---|
| Scenario | Damages (without deduction of long-term disability) | Damages (with deduction of long-term disability) |
| Scenario A | $765,010 | $673,691 |
| Scenario B | $387,085 | $295,766 |
| Scenario C | $587,160 | $445,841 |
| Scenario D | $1,502,265 | $1,410,946 |
| Future Loss Damages | |
|---|---|
| Scenario | Damages |
| Scenario A | $3,052,699 |
| Scenario B | $2,964,857 |
| Scenario C | $4,303,429 |
Refer to Day 18 to understand the scenarios postulated by Mr. Devonshire in his calculations.
Mr. Devonshire was briefly cross-examined.
Mr. Devonshire’s evidence concluded and he was excused.
Direct Examination of Luke Lebrun by Mr. Mack (Counsel for the Broadbent Institute and Defendants Lebrun and Magusiak)
Mr. Lebrun identified himself as an investigative journalist and the editor of Press Progress. He held that role in 2019 and continues to do so. He resides in Ottawa and holds a BA and MA in English. He testified for the remainder of the day.
He described Press Progress as a news organization focusing on underreported stories relating to social and economic inequality, health, and education.
Mr. Lebrun’s Testimony
The Broadbent Institute founded Press Progress.
Press Progress is editorially independent from the Broadbent Institute.
Press Progress has never endorsed political parties.
Mr. Lebrun had been a member of the NDP on two occasions but was not a member in 2019.
Stephen Magusiak became the Alberta reporter for Press Progress in September 2018.
Press Progress operated a “tip line” advertised on its website.
Document Identification Process
The remainder of the day consisted mostly of Mr. Mack introducing documents to Mr. Lebrun for identification.
Mr. Lebrun would confirm whether he had seen, sent, or received the documents.
Some documents prompted brief comments or answers; others were simply identified and then entered as exhibits.
Because the documents were not visible to the observer, no substantive information could be gleaned from the evidence.
I abandoned my note taking and gave up.
Comment
Two points stood out from Mr. Lebrun’s examination:
Use of Anonymous Tips Mr. Lebrun and Mr. Magusiak appeared willing—if not eager—to rely on tips from individuals whose identities were initially unknown. When identities became known, the tipster was usually Jivraj, though Thomas Lukaszuk also provided tips. Mr. Lukaszuk was a former deputy premier of Alberta, turned anti-conservative activist, then promoter of the Forever Canadian petition.
Extent of Collaboration with Jivraj The level of communication between Jivraj and Mr. Lebrun was striking. By my count, at least 17 emails were exchanged between them on March 17 and 18. The defamatory Press Progress article was published late on March 18.