All site content is based on actual events, photos, collected evidence, dealer's own documents, GM documents, GM specifications and industry wide documents.
No legal claim for the following reasons:
A) - Dealer acts amounting to ‘Ex Turpi Causa’ are not eligible for a claim.
B) - Honest belief, fair commentary and collected evidence in the website exceeds balance of probabilities.
C) - Dealer failure or refusal to observe GM specifications no defense.
D) - Misleading customers in person and in writing no defense.
E) - Public safety interests exceeds private interest from intentional tort acts.
F) - Attempts to limit postings or the public right to view them violates Charter of Rights and Freedoms,
freedom of expression, the Public Interest, the Interests of Justice.
G) - Public posting of these terms eliminates Plausible Deniability.
H) - Dealer refusing service due to neutral or unfavourable Survey Feedback for vehicles under warranty in an intentional tort.
I) - Dealer making false notations on vehicle under warranty is an intentional tort.
J) - Wilson Niblett employees and Jim Wilson, Steve Plumley, et al, are effectively 'Sophisticated Litigants' and have unavoidable knowledge
of their actions and deceptive practices.
K) - Applicant Counsel are obligated to fully corroborate client claims or risk loss of Qualified Privilege per terms herein and incur
liability per case law below in Hill.
L)- Any meritless claim considering the terms herein would require counsel to violate Rules of Professional Conduct**
4.01(1) and 4.01(2)(e) to litigate a claim amounting to a SLAPP lawsuit.
M)- Wilsonniblett-ripoff.com, /.ca /.net /.tv, relies on Charter Rights of free speech, communication, association and holds itself to
the standard of honestly held beliefs founded in events, exhibits, documents, emails, GM specifications, GM Techlinks issued,
other evidence, contemporaneous records and Case Law, etc, all of which are kept on file. Website owners, operators,
employees, writers and contributors are entitled to qualified privilege for website content.
N)- No defamation, slander or libel claims against Wilsonniblett-ripoff.com or poster 'I_hate_auto_fraud' when engaging
in responsible communication of matters of public interest, as per the Supreme Court of Canada:
Grant v Torstar Corp, 2009 SCC 61 * download .pdf
Quan v Cusson, 2009 SCC 62 * download .pdf
Crookes v Newton 2011 SCC 47 * download .pdf
NO QUALIFIED PRIVILEGE IN BAD FAITH LITIGATION:
Any actions, direct or indirect, by proxy, including unjust litigation, false claims amount to abuse of 'qualified privilege' by counsel and is
actionable for the reasons in A) to N).
See Supreme Court of Canada case law:
Hill v. Church of Scientology of Toronto, download .pdf
[1995] 2 S.C.R. 1130 *
COSTS:
A refusal to observe these conditions will attract all categories of costs available and damages under Tort law where appropriate.
Legal Page, Revision Level: 2 - June 25 2014 - text added to clause M)
1 - March 13 2013 - new clause inserted at J)
0 - March 8 2013 - original
Notes:
* Case Law courtesy of Canlii.org or scc.lexum.org
** Law Society of Upper Canada
Site launch date: March 8 2013, 7:15 pm, Toronto time. Site design and content: i_hate_auto_fraud@yahoo.ca