DefamationDefense

Judge sides with Teka in libel lawsuit
Posted By SUSAN GAMBLE

Click HERE for original article in Brantford Expositor

A lawsuit launched by Lynda Powless five years ago has just been resolved but not in her favour.

In 2003, Powless, publisher of the Turtle Island News, sued the competing Six Nations newspaper Tekawennake, its
publisher Shirley Smith, her son, editor, Scott Smith and reporter Jim Windle.

At issue was a story that ran in the Tekawennake that dealt with Powless's involvement on the Six Nations Tourism board,
which she chaired at the time.

Powless claimed her reputation had been damaged by the article and sued for libel damages of $1 million.

She was not available to comment on this story due to a family emergency but her lawyer, Howard Staats, said they are
considering appealing the decision.

Last week, Justice Nick Borkovich ruled in favour of the Tekawennake, saying that although some of the comments made
about Powless were defamatory, they were substantially true and made fairly, without malice.

The judge noted that Powless is "a strong-willed person, that she is used to running the show and is autocratic."

He said that the Powless essentially was the tourism board at that time and that other members were merely appointees at
her will.

Borkovich also noted that Powless harboured a grudge against Windle, the writer of the story, and had a previous "run-in"
with the Smiths.

He awarded costs, which are estimated to be about $100,000, to the defendants.

For reporter Windle, the judgment was a tremendous relief after five years of personal court costs and worrying.

"I feel absolutely marvellous," Windle said when he learned of the judge's decision last week.

But for Scott Smith, the court decision feels like a small victory. That's because his mother, the former publisher of the
Tekawennake, is hospitalized in palliative care this week.

"Obviously we're delighted to be vindicated by this action but it's a hollow victory," the younger Smith said.

Smith's mother had a stroke just before Powless started the lawsuit and didn't know much about the process.

"I think she was spared it and it's too late to tell her about it now."

Smith said he finds it ironic that Powless -- a staunch Confederacy supporter -- chooses to "run to the white man's court as
soon as something unflattering comes to light about her."