Calgary Expo Lawyer: “I was uninformed about my client’s name”

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Honey Badgers Brigade started its suit against Calgary Expo in 2015 because of its illegal expulsion from the 2015 Calgary Comix Exposition. Its claim is being pursued in the Alberta Provincial Court to set a precedent to defend freedom of expression in the comic culture.

On June 20, 2016, the Honey Badgers Brigade was advised by Calgary Expo International Inc. that it had misled the Alberta Provincial Court by advising a judge at a June 2, 2016 pretrial that Calgary Comic & Entertainment Expo Inc. was not the corporate entity that Honey Badgers Brigade needed to sue. Subsequently, its lawyer, Elmer Chiu, advised that he did not have “the correct information before him at the pretrial conference” and it was the proper party to sue.

As a result of Mr. Chiu’s “error,” Honey Badgers Brigade was required to seek a motion to amend its claim and was put to the delay of several months in pursuing its lawsuit against Calgary Expo.

It is a rare occasion when a lawyer does not know who his client is. It is even rarer when a lawyer wrongly advises who his client should be and then retracts that representation when that misinformation has already been provided to a Judge of a Court.

Honey Badgers has always wanted swift justice in this court case and has had to jump through hoops to do so, largely as a result of the misrepresentation caused by Calgary Comic & Entertainment Expo Inc. It has always sought a legal precedent that would establish the legitimacy of its participation in the Calgary Expo in 2015 and seek legal affirmation of that fact to the benefit of diverse and varied groups in that milieu that may have dissident views.

Whether or not Calgary Expo has negligently or wilfully misrepresented its legal identity, the fact is that its conduct has resulted in needless delay, expense, and frustration for Honey Badgers Brigade in their pursuit of justice.

Honey Badgers Brigade will persist in pursuing its claim for justice both against Calgary Comic & Entertainment Expo Inc. which now admits it was the party that should have been sued and against the U.S.-based internet magazine, The Mary Sue, which Honey Badgers Brigade alleges induced Calgary Expo to breach its contract with it and also engaged in false allegations that caused it financial harm.

Harry Kopyto
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About the author

Harry Kopyto

Harry Kopyto is legal activist and advocate with more than forty years experience in representing dissidents and marginalized persons and communities. Mr. Kopyto won the largest human rights award in the history of Canada—a quarter of a milion for discrimination against a black nurse--as well as overturned a section of the Criminal Code (scandalizing the court law) that was used to restrict criticism of the judicial system.

Mr. Kopyto's legal career includes cases that affect women’s rights, prisoners’ rights, the rights of the aged and the handicapped and unions’ rights. He has established legal precedents for gays, minorities, disabled persons, tenants, youth, the elderly, working people, poor people and victims of police brutality.

<span class="dsq-postid" data-dsqidentifier="155235 http://honeybadgerbrigade.com/?p=155235">17 comments</span>

  • I love the picture you chose for this article. It shows you that justice is not blind, but merely pretends to be and can see quite well when it chooses to, and in this case its chosen to let the system try to bully the Badgers out of this trial by wasting time with semantics and trickery.

  • Folks, for those of us actually in Calgary, is there anything we can do to assist with this current travesty, or do we just have to wait and see?

  • They must REALLY be sweating if they had to use this lame duck tactic. Perhaps its because they know they don’t have jack. With any luck the judge would find this ploy equally as annoying and will look more fairly upon Alison in the coming days considering.

  • Uncertainty about the name of a corporate entity. I suspect that the tax authorities need to look into this.

  • I’m just glad this whole thing will set precedence and essentially will shrink ideologues’ toolboxes even more.

  • That gives us all an idea of what chance Calgary Expo thinks they have of winning this trial. The very fact that they were even able to find a lawyer that would pull a stunt like that foreshadows the antics that we will see in the coming trial.

  • If they pull this stunt again in a few months then it’s time for the judge to crack down, either on the lawyer or the misnamed client.

  • There is something beautifully ironic about the Honey Badgers being upset at the confusion of the identity of Calgary Expo. Couldn’t you say the majority of the Honey Badgers’ problems boiled down to a confusion of identity?

By Harry Kopyto

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