I got word tonight from David Ball, son of Dr. Tim Ball via Facebook messenger:
This morning the judge dismissed all charges in the lawsuit brought against Tim by BC Green Party leader Andrew Weaver. It is a great victory for free speech.
At the moment, I have no other details, but will update as I have them.
The case has been ongoing since 2011, and arguments were heard in court in the fall of 2017.
From an article in the NYT: https://green.blogs.nytimes.com/2011/02/08/climate-scientist-sues-skeptic-for-libel/
Andrew Weaver, a climate modeler at the University of Victoria, filed the lawsuit against Tim Ball, a former professor of geography at the University of Winnipeg and a vocal critic of the science linking man-made emissions to global warming, over an article published by the Canada Free Press, a conservative Web site.
…
“I stand by the story,” said Dr. Ball, who was prominently featured as a climate change expert in the 2007 film “The Great Global Warming Swindle.”
The apology and retraction of the story by Canada Free Press “hung me out to dry,” Dr. Ball added, saying he was in the process of hiring a lawyer to fight the lawsuit.
The lawsuit against Dr. Ball is not the only libel action that Dr. Weaver is pursuing in Canadian courts. Last year, the scientist filed suit against The National Post, a conservative Canadian newspaper, for publishing articles that he alleged contained deliberate falsehoods designed to disparage and discredit him.
FULL DISCLOSURE: I was to be called as a witness in the trial, and did hours of preparatory work, but the case took a turn when Weaver did not call any witnesses on his behalf and I did not testify [on behalf of Ball]. The case was decided by a judge, who just today gave his verdict.
UPDATE1: here is the original lawsuit: Weaver-vs-Ball-lawsuit (PDF)
UPDATE2: Dr. Ball promises a report very soon. I’ll have it here as soon as possible.
UPDATE3: Here it is: https://wattsupwiththat.com/2018/02/14/tim-balls-victory-in-the-first-climate-lawsuit-judgment-the-backstory/
It is a ‘win’… but at what a personal cost, as Steyn says the process is the punishment.. and a deterrent to others… I really want to se Mann / Steyn resolved soon.
Meanwhile, Mann vs. NR drags on https://reason.com/volokh/2018/02/11/whatever-happened-to-michael-manns-defam (separately from Mann vs. Steyn)
They’ll have to cook up a new strategy now crowdsourcing has outflanked their vexatious lawyering. There’s plenty more where that came from bozos as your time in the commanding heights draws to a close. You could hide the dodgy data but never the lunar predictions and prescriptions.
Excellent news
It appears that Weaver doesn’t like criticism any more than Mann does. That’s unfortunate. The scientific process is meant to allow criticism, to give the author of assertions time to review and if required, revise them. Saying that someone’s assertions or results are incorrect is not libel, especially if you have backup.
Casting unnecessary aspersions on someone’s character could be construed as libel if it’s just a bitch-slapping contest, which is what usually occurs in something like this. I’ve been through this myself, I won, and that jerk owes me money which I will never get.
Glad to see that the court found in Dr. Ball’s favor.
Methinks Weaver did protest way, way too much. What a convoluted litany of “wrongs”.
The greatest interest in these law cases is always the written judgement. I believe these should be public domain in the BC Courts system, so should be available as a pdf just like the pleadings (already linked). The pleadings are over-the-top histrionic, ending with a petition to “throw the book at him”. And they come from one of Canada’s highest profile defamation lawyers.
What I really want to read are the *reasons* the judge dismissed the case. Please post/link if you can. Thank you.
Tim is fortunate, in that Weaver did not present a case and called no witnesses.
The Justice had little choice but to dismiss the case, presumably with costs.
The justice system in Canada is hamstrung by deceit and delay, which is encouraged by the courts to the benefit of the “law business” and the detriment of the public.
Perjury and Fraud Upon the Court is rarely discouraged, and so has become the standard tactic to deceive the judiciary and delay proceedings. Rules of evidence are routinely ignored and false allegations are accepted by judges as evidence and form the basis of their rulings.
The selection of judges in Canada is reportedly among the least transparent in the developed world, and judicial appointments can be made to reward political party fundraisers and other favorites.
Some of my colleagues are convinced that judges are routinely “bought” in big-money legal cases. I have no opinion on this point, but do observe that the entire law business in Canada is remarkably incompetent, and corruption (in addition to incompetence) may be one of the contributing factors.
Rule of Law is a shambles in Canada. The lesson here is “sort out your problems outside the court system”.
Well, that one makes my day. I’ll close off my open post from last year with some sense of justice served. What next from the Weaver? New clothes for the Emperor. Only the shadow know for sure.
https://notonmywatch.com/?p=1227
I encourage his students to lend their opinion
http://www.ratemyprofessors.com/ShowRatings.jsp?tid=217667
“.. the case took a turn when Weaver did not call any witnesses on his behalf and I did not testify.”
That makes it sound as though you were subpoenaed to be a witness for Weaver. ??
No, I wasn’t for Weaver.
I am a Canadian lawyer. Dr. Ball has a clear argument for solicitor-client (ie full) costs based on bad faith and litigation misconducr. There was clearly no intention to pursue this matter to a decision. It was prosecuted to harass and gain publicity. I hope he seeks elevated costs.
” There was clearly no intention to pursue this matter to a decision.”
No. The matter was pursued to a decision, and Dr Weaver won, and was awarded $50,000. The 2015 judgment is here. That judgment was successfully appealed and a new trial ordered.
On closer reading, that seems to be a different libel case by Dr Weaver.
He who laughs last laughs best.
That was obviously a different lawsuit against certain parties and the National Post.
http://www.courts.gov.bc.ca/jdb-txt/SC/15/01/2015BCSC0165.htm#_Toc410739114
I wrote what may have been the first article in the National Post to oppose the Kyoto Accord, back in 2002. I would probably change a few points, but it still holds up quite well today.
I think it was this NP article that got me threatened, accused of being personally responsible for the flooding of Prague. I have accepted by newfound powers with modesty and grace and have tried to live an exemplary life so as not to cause any more deluges – sorry about Paris though – my bad.
Tim Ball gets threats all the time, and I have only received one. I confess to suffering from threat-envy, and feel that I am not being treated fairly by the warmist thugs. WTF? Have I not spoken out enough against the fr@ud of global warming alarmism? Am I not worthy? What am I, chopped liver? 🙂
Mr. Stokes: Thanks for posting the correction. So, what are your thoughts on why Weaver sued Ball? Better yet, why is your knee-jerk reaction to defend Weaver? Have you given that any thought at all?
7 minutes of emotional morning boost … was it worth it?
That’s ok, Nick. We won’t sue you or anything.
I accept your apology. My, my – litigious fellow that Weaver.
“I accept your apology.”
You were wrong, though. The matter was pursued to a decision. There was a three week hearing in November, 2017. The judgment is here. It is rather a pyrrhic victory.
Great news! Hopefully Dr. Ball is able to recover his costs.
Well, I am glad that Anthony linked the PDF of the case. But I’d have to say, having read the whole of it, that Weaver had a reasonable case, in the sense of having reasonable credentials to teach climate science. Personally I hate litigation as much as lawyers love it, and I don’t think he should have sued over a storm in a teacup (storm enhanced by CAGW of course!). But I am very curious to hear more about why Weaver effectively gave up on it. Did he and others fear adding oxygen to the sceptics cause by getting into a debate?
Rich.
Is the NYT disingenuous or ignorant? (that was a rhetorical question).
Dr. Ball is a distinguished climatologist and retired Prof of that subject at the University of Winnipeg with many peer reviewed publications.
IMO that was a blatant attempt by the NYT to downplay Dr. Ball’s credentials.
(Most are aware that in Dr Ball’s student days, Climatology was often part of the Geography Department.)
And you should see the expert warmist that has replaced Dr. Ball at the U of Winnipeg.
Mark Steyn is a major FOX TV contributer. He should bring the subject up (the case) or at least the scam of AGW.
Free speech in danger at colleges.
http://www.weeklystandard.com/professor-uses-n-word-student-shouts-f-you-free-speech-class-canceled-at-princeton/article/2011560
It’s already deader than any polar bear.
Canada Free Press should apologise to Dr Tim Ball. But what is more important, Canada Free Press should again welcome and publish articles by Dr Tim Ball to display its goodwill towards him.
Hi I have been trying to spread this news on some Facebook post and my comments and links to this story keep being censored and marked as Spam!😡
Just thought you should know if anyone else is experiencing this.
I’ll see who we can trigger on Reddit later this evening.
Congratulations to Dr. Ball — I only hope that Weaver was ordered to pay Dr. Ball’s legal expenses.
Amen to that too.
Weaver needs to be hung out to dry with costs for trying to impose his false greenpriest science on people, and promoting the actual deceit of Piltdown Mann’s fraudulent climate “science” – that he could not support with facts in court. etc. Time these cynical liars for their own selfish profit were exposed and vilified, in the same way they have sought to suppress the truth from honest experts like Tim Ball for their own profit. IMO. This can only fail if the courts of law become based on religion raher than fact. Not happened, yet.
Hurray ! A judge with a brain as well as common sense ! Well done.
Actually, a judge with probably no option, like it or not and brain or no brain, given the failure of the plaintiff to produce the goods needed by court.
Rich.
DR. Mann isn’t producing the “goods” in court either.
How many trees died (cut down) because of this frivolous lawsuit?
Great news.
There may be some hope.
A doctor, quick … there’s been a balls up!