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    Form IS.OSA2010 Yar. No. 328248

    IN THE SUPREi,fE COURT OF NOVA SCOTL4.BET\VEEN:

    Trout Point Lodge, Limited, a Nova Scotia LimitedCompanyPlaintiff

    - and-Louisiana Media Company, LLC, a Delaware Limited

    Liability CompanyDefendant

    BRIEF FOR MOTION UNDER RULE 14Please Note: This brief accompanies a motion for an order revealing the identity or information leadingto the true identity of anonymous Internet posters. The order is to be directed at a third-party and notthe defendant'The Plaintiff asks this honourable Court to take judicial notice of the following current publicationsdisseminated on the Internet, including any and all associated user "comments":--http: /lslabbed. word press. c om /2 0 1 11 04 /2 61 slabbed-takes-a-look -at-the-trout-point-business-venture-lets-start-at-the-end-and-~oLf.r~k-~b~a~c~k/:._ --------- _-~http.://slab be .word press. ( ; 0 1 1 1 / 2 0 11/04/26/tuesday- usic-dedicated-to-a.afQu-and-the-girlsl--http://slabbed.wordpress .c om / 20 1 1 /0 4 /2 21 and-now-a-word- from-our-sponsor/--http://slabbed.wordpress .c om /2 0 1 1/0 4/2 21how-ironic- that -on- the-day-after-th e-drive-b y-shootin g-of..the-nun-sisters-by-the-times-picayunel--hUp:/1slabbed. word press. com/20 11/04/201 coming-soon-on-slabbed-we-examine-the-times-picayune-trout-point-retractions-in-detaill--http://slabbed.wordpress.com/20 11/041 19/tuesday-video-dedicated-to-the-girlsl--hUp:!!slabbed. word press .com /20 11 /04 /18 /) 'e s -i -can-verify-that-trout-point-l odges-charles-leary-and-tlle-soon-to-be-indicted-aaron-broussard-\vere-thick-as-thieves-up-in-nova-scotial--http://slabbed.wordpress .com120 11/041 18/i-have-a-reply- for-the-times-picayune-and-their-laVlyer-steve-gaynor/--http://slabbed. word press .comf20 11/04/ 18/well- folks-this-trou t-point-thing-has-really:-rattled-some-cages/--http://slabbed.wordpress .c om / 20 1 1 /0 2/ 15 /j ohn-young- fire-f-unqualified-paral ega!s-fina IIy-wh ere-the-heck-was-peggy-barton-and-her-blowbuddy-lil-pup-this-whole-time!--http://slabbed. wordpress.comJ20 11/02/21!clue-the-grand-jury-versionl--http://slabbed.wordpress .com!20 11/0 2/24 iheU- wai ting-for-high-water-the-d evil-in- the-details-of-the-flooding-of-jefferson-parish/--http://slabbed.wordpress.com!2011/02/18/mirror-mirror-on-tlle-wall-server-was-it-one-enterprise-office-after-all!--http://slabhed .word press. comJ20 10/02/05/ anyone-el se-notice-chehardy-sherman-de-norrnad-their-web site-hmmm/

    http://--http//slabbed.wordpress.com/20http://--http//slabbed.wordpress.com/20
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    In addition, the policies of Au tomattic and wordpress.com:.~ht1p://automattic.com/privacy/~-http: lien.su pport. word press .coml disputes/As well as:http://w\\w.nola.com/politics/index.sst720 111 0 4 I r e traction -=troul....P0inUod~e.htmlhttp://\,,,,\w.nola.comlnews/index.ssf/2010/01/newspaper_retracts_assertion_a.html

    April 26, 2011The Honourable Justice Pierre MuiseSupreme Court of Nova ScotiaYarmouth Justice CentreMy Lord:Please accept this brief accompanying a motion for an order under Civil Procedure Rule 14 forAutomattic.Tnc., a c05poration that.is the owner of a popular blogging web site to reveal informationleading to ffie identity ofcertain.bIQggers and posters on the blog slabbed.wordpress.com. There issome urgency to this motion as the impugned bIog has launched a campaign of defamatory postingsrelated to the matters central to Yar No 323591 (now settled) and the current proceeding, whichpublications also contain threats and harassment and encourage invasion of privacy.Automattic, Inc. is a California corporation that hosts and publishes the blogging web sitewordpress.com. Wordpress.com in turn hosts a bIog named "slabbed," whose url isslabbed.wordpress.com."Telemachusr and "unslabbed" are 2 registered wordpress.com users on "slabbed" ho maintain ananonymous identity. Sop81_1 is the purported owner and publisher of-the blog, also anonymous.Telemachus, unslabbed, and Sop81_1 have jlQsted material on slabbed.wordpress.com that:

    threaten the WalntifF,'-------is defamatory of the Plaintiff;republishes defamatory material previously removed and retracted by The Times-Picayunenewspaper;

    demonstrates a connection to broadcasts and Internet publications made by the DefendantLouisiana Media Company, LLC, including insider knowledge of Louisiana Media's receptionof Notice ofIntended Action in this matter as well as access 10 parts of the Aaron Broussardinterview requested but not disclosed by the defendant.

    Automattic appears to have an explicit policy of being responsive to court orders and/or subpoenas. Atthe uri http://en.wordpress.com/complaints/, Automattic states: Court orders: Official, signed courtorders can be emailedtocourt-orders@:wordpress.com.At the uri http://en.support.wordpress.com/disputes/,Au1moattic states:

    If we receive a complaint and are not in a position to make a determination (for examplewhether something is defamatory or not), we generally defer 10the judgment of a court.

    http://en.wordpress.com/complaints/,mailto:emailedtocourt-orders@:wordpress.com.http://en.support.wordpress.com/disputes/,Au1moattichttp://en.support.wordpress.com/disputes/,Au1moatticmailto:emailedtocourt-orders@:wordpress.com.http://en.wordpress.com/complaints/,
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    .'

    However, in either case, we may take other action (or decline to take action) as we deemappropriate based on the circumstances.

    And

    Inis Privacy Policy, Autornattic states:Other than to its employees, contractors and affiliated organizations. as described above,Automa ttic discloses potentially personally-identifying and personally-identifying informationonly in response to a subpoena, court order or other governmental request, or when Automatticbelieves in good faith that disclosure is reasonably necessary to protect the property or rights ofAutomattic, third parties or the public at large.

    c Plaintiff therefore has a good faith Beliefihat an Order from this HOQol!lrablCourt will befollowed hy Automaffic.

    ,TelemaChUS, unslabbed, and Sop81_1 had notice of, and agreed to Autornattic's policies, including the

    Privacy Policy. They therefore have no expectation that information leading to their true identities willbe kept confidential in a situation such as this. There is no right to defame or utter threats.DefamationThe background of the publications made by Telemachus, unslabbed, and Sop81_1 are the reporting bymedia organizations on what the slabbed blog labels as "the Jefferson Parish political corruptionscandal." The Plaintiff was erroneously, recklessly, illegally, and without substantiation referred to inpublications about the Broussard scandal by the defendant and others.Background is contained in the amended Statements of Claim filed in this matter and Yar No. 323591as well as affidavits filed in those matters.In essence, Trout Point Lodge was misidentified as being Jefferson Parish President Aaron Broussard'sproperty, as being involved in illicit business activities involving I\Jr. Broussard, and as being a frontfor criminal and unethical activity. Notably, the Defendant republished a defamatory publication of TheTimes-Picayune newspaper on January 7,2010, for which the Plaintiff holds the Defendant responsiblein defamation.Yar No 323591 is now the subject of a settlement agreement whose specific tenus cannot be disclosed.The Times-Picayune published both a "correction" and retraction regarding publications it had made inprint and the Internet, including using the Plaintiff's image. A further and broader retraction waspublished on nola. com on April 8, 2011 at http://,,,' \vw.nola.com/politicslindex.ssf/20 11104/retraction -_trou1_point_lodge.html. It reads:

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    Retraction - Trout Point LodgeIn January 2010, The Times-Picayune published several articles that mentioned Trout PointLodge and its business dealings while discussing Jefferson Parish politics and the scandal in theadministration offonner Parish President Aaron Broussard. The newspaper retracts publicationimplying that Trout Point Lodge was involved in the scandal.The newspaper believes there is no basis for making any implication that Trout Point Lodge,Limited or its owners, Daniel Abel, Vaughn Perret, or Charles Leary, were involved in anywrongdoing and, indeed, never intended to make any such implication. The Metropolitan CrimeCommission complaint to the Louisiana Ethics Board about Broussard's vacation property inNova Scotia in fact did not name or implicate any of them. The Times-Picayune apologizes forerrors in its reporting regarding Trout Point Lodge and its owners,

    The Defendant by contrast, has refused to.make any retraction whatsoever, including related to use of ..,.the Plaintiffs image and video of its web site inmultiple TV and Intemet broadcasts. The refusal topublish any retraction or correctiem fias allowed third parties, such as the slabbed posters, to believetl1at the identification of th e Plaintiffwith Aaron Broussard's alleged illegal activities is true and thatt h r e tr ac tions published by the Iimes.,PicaUne &e 12aft of a CQverup. "'The Plaintiff was a subject matter of discussions and posting on the slabbed blog contemporaneouswith d,gfamatory publications by the defendant. Not all of the numerous slabbed publications referringto the Plaintiff are defamatory. Publication of defamatory material is, however, ongoing and hasincreased in the past 2 weeks in what is tantamount to a smear and hate campaign (Barrick GoldCorp ..Y. Lopehandia, 2004 CanLII 12938 (ON C.A., uses homophobic rhetoric as a rallying cry'..Publications before April. 2011The first Times-Picayune retraction appeared on January 16, 2010. It was a direct result of th ePlaintiff's efforts,