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法庭判钟新生赢得无需庭审判决动议 吴健须向钟赔偿$50,414.90元

Wu Jian is found liable for defamation by court
来源: 大中报 南茜(Nancy Jin)



“我相信加拿大的天空是湛蓝的,加拿大的社会是干净的……我还相信加拿大是支持言论自由的。如果不是这些信念,我们会来到到加拿大吗?!” 12月3日,在安省高等法院举行的简易判决听证上,家庭装修工吴健在为一起诽谤诉讼案进行自我辩护时慷慨陈词。

“I believed the sky in Canada is blue and that Canadian society was free from wrongdoings… I also believed Canada upholds the value of free speech.  It was these beliefs that drew me to Canada!” Mr. Jian Wu, a construction contractor, defended himself before a judge, as asummary judgment hearing over a defamation claim against him unfolded in Ontario Superior Court of Justice on Dec.3.

简易判决是法庭在无需庭审的前提下做出的有利于诉讼案中某一方的判决。

Summary judgment is a judgment entered by a court for one party and against another party without a full trial. 

但吴健的这番通过翻译转达的高调且充满激情辩护词却丝毫打动不了加国法庭。法官在其动议判决书中称吴健的辩护词毫无实据,空洞无效。

But Wu’s defense, given in an enthusiastic and passionate tone, and delivered to the court through his interpreter was mere empty words to the judge, who noted in his ruling that Wu “has failed to establish any defense.”



吴健是因为在微信上刊登了数十条张贴,指控社区领袖和社工钟新生一连串不轨行为而被带到法庭被告席上。这些指控包括钟敲诈,勒索社区成员和钟性侵和强奸自己的妻子等。

Mr. Wu appeared in the court to defend his action of having posted dozens of messages through WeChat groups. Through the posts, he accused Zhong Xinsheng, a social worker and community leader of a series act of misconduct – from blackmailing and extorting from various members of the community to sexually assaulting his wife.

但吴健在法庭上提不出任何证据支持其指控,也没有任何证人为他出庭作证。吴健在法庭上的证词中公然承认这些消息都是道听途说而来,也说不出谣言传播者姓甚名谁,甚至称一名消息来源者是一80几岁的老太太。

But Wu presented no evidence whatsoever before the court to support his allegations against Zhong. He also failed to provide any witnesses to court to testify on behalf of him. Mr. Wu admitted in court that his statements were sourced from rumors and innuendo from unidentified individuals, including an elderly lady in her 80s.



法官根据原告提交的证据判定吴健所言完全不属实而属诽谤。法官甚至认为吴健的言论是恶意而为之。尽管吴健知道他的张贴对钟造成了极大不安和痛苦,但他仍在毫不尊重事实的前提下发表对钟的这些指控。法官认定吴健对钟新生诽谤指控成立。

The judge concluded that the evidence before the court reveals the statements are untrue and defamatory. The judge believes that Wu’s allegations had malice intent because he published them with reckless disregard of the truth, despite knowing they would cause considerable distress and anguish to Zhong and his family. The judge has found Wu liable for defamation.

针对吴健有关言论自由的辩护,法官指出,加国法庭坚持民主价值观,但诽谤言论不受言论自由之保护。

In addressing Wu’s plead of free speech defense, the judge also noted that the democratic value the court upholds does not protect defamatory statements.



钟方提出吴健的诽谤言论让钟新生和家人蒙受焦虑和精神痛苦,并导致钟几宿无眠。但法庭认为钟提出的$25万元的一般性损失和$10万元的惩罚性赔偿额过高,缺乏证据支持。

Wu’s defamatory allegations have made Zhong and his family suffering stress and anxiety and led to Zhong’s many sleepless nights, argued the plaintiff. However, the court has found limited evidence to support the damages Zhong was seeking-- $250,000 in general damages and $100,000 in punitive damages.

但是到底有多少人从微信群钟读到了吴健的张贴?有谁因为吴健的诽谤而声称对钟新生失去了信任?法庭的简易判决书称,在这些信息缺损的前提下,法庭很难证实吴健诽谤行为所造成的伤害程度,也无法估量钟因此遭受的具体名誉损失。

The court has found it unable to prove the harmful consequences of Wu’s defamatory action or to assess the actual reputational harm to Zhong. It has heard no evidence on the exact number of people who read the WeChat posts, nor any statements from public members that they no longer trust Zhong because of Wu’s actions, according to the summary judgment.



但吴健诽谤之恶意尚未构成极其严重和恶劣之程度,且吴健为一名建筑工人并无社会影响力,这些事实都是法官做出从轻判决赔偿额时所考虑的因素。

The fact that Wu’s malice act was not among the more severe or pronounced forms and that he is a construction worker who holds no position of public influence are mitigating factors in assessing the damages, noted the judge.

法官最终裁定吴健向钟新生提供$35,000元的一般性赔偿,但拒绝了钟的惩罚性赔偿的要求。他还判吴健赔偿钟$15000以上的律师费,因为钟为此不得不“花一笔额外支出为自身正名。”

 The judge awarded $35,000 as general damages to Zhong, but no punitive damages.  He also awarded Zhong full indemnity costs of over $15000, because Zhong has to pay the “needless expense to vindicate his reputation.”

鉴于吴健在封口令之前拒绝删除微信诽谤张贴,以及他反复拒绝道歉的要求,法官同时还向吴健颁布永久封口令,不准许他日后发表任何有关钟新生的诽谤性言论。

In light of Wu’s decline to take down the posts until an injunction order, as well as his persistent refusal to make an apology, the judge has also issued a permanent injunction that bans Wu from publishing any defamatory statements regarding Zhong.



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