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Court File No.

CV-14-514188
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
(Court Seal)

ERIC LINDROS
Plaintiff
- and PAUL STEWART, THEHUFFINGTONPOST.COM, INC,
AOL INC., and AOL CANADA INC.
Defendants

AMENDED STATEMENT OF CLAIM


TO THE DEFENDANT(S):
A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the
Plaintiff. The Claim made against you is set out in the following pages.
IF YOU WISH TO DEFEND THIS PROCEEDING, you or an Ontario lawyer acting
for you must prepare a Statement of Defence in Form 18A prescribed by the Rules of Civil
Procedure, serve it on the Plaintiff's lawyer or, where the Plaintiff does not have a lawyer,
serve it on the Plaintiff, and file it, with proof of service, in this court office, WITHIN
TWENTY DAYS after this Statement of Claim is served an you, if you are served in
Ontario.
If you are served in another province or territory of Canada or in the United States
of America, the period for serving and filing your Statement of Defence is forty days. If
you are served outside Canada and the United States of America, the period is sixty days.
:1tJir_~UL~[i TNIS._, _ ~~~f~~(
MUDIFIL CE
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THE ORDER OF
L'ORDONNANCE DU M
DATE
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OUR SUP~RIEURE DE JUSTICE

-3CLAIM
1.

The plaintiff claims against each of the defendants, on a joint and several basis:
(a)

damages in the amount of $150,000;

(b)

aggravated damages in the amount of $100,000;

(c)

interim, interlocutory and permanent injunctions enjoining the defendants


from publishing the defamatory statements and imputations particularized
herein, in any form or by any medium;

(d)

interim, interlocutory and permanent injunctions enjoining the defendants


from making or continuing any publication of any kind, whether by way of
the Internet or otherwise, which states, alleges or expresses the opinion
that the defamatory statements and imputations particularized herein are
true, in whole or in part;

(e)

interim, interlocutory and permanent injunctions enjoining the defendants


from publishing, or causing to be published, or otherwise disseminating or
distributing in any manner whatsoever, whether by way of the Internet or
otherwise, any statements or communications which refer to the plaintiff by
name, by depiction, or by description;

(f~

pre-judgment and post-judgment interest in accordance with the Courts of


Justice Act, R.S.O. 1990, c. C.43, as amended;

(g)

costs of this action on a substantial indemnity basis, plus all applicable


taxes; and

(h)

Such further and other relief as this Honourable Court may deem just.

Parties to the Claim


2.

The plaintiff, Eric Lindros ("Lindros") is an individual residing in the City of Toronto,

in the Province of Ontario. Lindros spent 13 seasons playing hockey in the National
Hockey League (the "NHL") for the New York Rangers, Toronto Maple Leafs, Dallas
Stars, and Philadelphia Flyers.
3.

The defendant, Paul Stewart ("Stewart") is an individual residing in the Town of

Wapole, in the State of Massachusetts, U.S.A. Stewart is a former professional hockey


player and a former referee. Stewart carries on business as an author and hockey
refereeing consultant. He regularly publishes columns on topics relating to hockey on the
Huffington Post.
4.

The Huffington Post is an online newspaper, news aggregator and blog publisher

that is comprised of national (U.S.), local (i.e., city-specific) and international (including
Canadian) editions accessible via the Internet.
5.

The Huffington Post is published, owned and operated by the defendants The

HuffingtonPost.com, Inc, AOL Canada Inc., and AOL Inc. ("the AOL defendants").
6.

The HuffingtonPost.com, Inc. is a corporation under the laws of Delaware.

7.

AOL Canada Inc. is a corporation under the laws of the Province of Ontario.

8.

AOL Inc. is a corporation under the laws of Delaware. AOL Inc. is the parent

company of the defendants, The HuffingtonPost.com, Inc. and AOL Canada Inc.

-5Writing and Publication of the Article


9.

In or about July 2014, Stewart wrote an article entitled "Hecklers, Hooligans and

the Striped-Shirted Maitre D"(the "Article").


10.

On or about July 16, 2014, the AOL Defendants published the Article on the

Huffington Post, accessible at http.//www.huffingtonpost.com/paul-stewart/hecklers


-hooligans-and-th_b_5591462.html (the "Initial Publication"). Upon the Initial Publication,
the Article was accessible freely to all persons in the world with access to the Internet and
as part of the U.S, Canadian and other editions of the Huffington Post. The Article was in
fact accessed and read by a large number of people in Canada, the United States and
around the world, particulars of which are in the exclusive knowledge of the AOL
Defendants.
11.

The Article included the following words of and concerning the plaintiff:
Eric Lindros was a player I got off with on the wrong foot and we never
developed a rapport because neither he nor I wanted one. It started out
innocently enough.
was working an afternoon Philadelphia-New Jersey game at the
Spectrum; the back end of ahome-and-home. The Devils won the previous
game, 6-4, in a game refereed by Mark Faucette. The game got chippy late
in the third period, with about 40 penalty minutes being handed out in the
final five minutes, including roughing penalties to Lindros and Scott Stevens
in the waning seconds of the game.
The start of the game at the Spectrum was delayed several minutes. I had
to wait for the red light on the scorer's table to indicate that the broadcast
had returned from a commercial and it was OK to drop the opening faceoff.
During the delay, I made small talk with several of the Devils and Flyers on
the ice. I said hello to Mark Recchi and talked to Bernie Nicholls. I then tried
to greet the 19-year-old rookie Lindros.
"Hey, Eric. How are things going? How's your dad?" I asked.

The response: "[Bleep] you. Just drop the [bleeping] puck already."
Lindros was apparently in a bad mood because he'd recently missed 12
games with a knee injury, the team was in a losing skid, and he'd had a
tough game in New Jersey. This game was also played about a week after
Lindros had to go to court in Toronto after the Koo Koo Bananas incident.
You know what? Those were his problems, not mine. But we were about to
have a mutual problem.
Right off the opening faceoff, Lindros bulled forward and drilled Nicholls
under the chin with his stick. I ditched Lindros on ahigh-sticking penalty.
Before the game, I had brought a tube filled with posters to Flyers'
equipment manager Jim "Turk" Evers. The posters, which depicted Recchi
and Lindros, were to be autographed and then donated to a charity auction.
had done a similar thing in other cities, such as a Cam Neely and Ray
Bourque poster in Boston, and a Mario Lemieux and Jaromir Jagr in
Pittsburgh.
After the game, I want to Turk to collect the poster tube.
"Stewy, you're not going to like this," Evers said. "I don't have them."
"What do you mean you don't have them?" I asked.
"Well, Rex signed the posters but when Eric found out they were for you, he
tore every one of them up. I'm sorry about that."
never spoke to Eric Lindros again.
One year, much later in his career when he was with the Rangers, I ended
up getting him on eight minor penalties that season. I caught some heat for
it from John Davidson on the Rangers' broadcasts, but the truth of the
matter was this: I did NOT go out of my way to "invent" penalties on Lindros
-- or any player -- but I wasn't going to give that guy a break on anything
borderline that I might have let slide with a player who had gained
acceptability with me.
With some players, on the other hand, a bad relationship can be fixed over
time.

~~

Libellous Conduct by the Defendants


12.

The words written by Stewart in the Article and published by the AOL Defendants

are inaccurate, untrue, and defamatory of the plaintiff in their nature and ordinary
meaning, as follows:
(a)

The statement that Lindros did not want a rapport with Stewart is false and
makes Lindros out to be unfriendly or hostile;

(b)

The statement that Lindros swore (i.e. "bleeped") at Stewart is false and
makes Lindros out to be unfriendly, hostile, rude and insulting;

(c)

The statement that Lindros refused to sign posters intended for a charity
auction, and more shockingly, tore them up because they were solicited by
Stewart, is false and makes Lindros out to be unfriendly, hostile, rude,
insulting, vindictive, cruel, uncharitable and generally a despicable person;
and

(d)

The statement that Lindros "failed to gain acceptability" with Stewart falsely
attributes blame for that alleged failure and further falsely makes him out to
have done something wrong or improper(such as the false allegations in (a)
to (c), above) to justify that unacceptability and Stewart's conduct towards
him as a referee.

These statements impute moral fault to or personal conduct of the Plaintiff that a
reasonable person would consider disreputable. As a result, reasonable and ordinary
readers of the Article would regard Lindros with contempt or ridicule.
13.

As a consequence, of the Initial Publication, the Plaintiff suffered damages to this

reputation for which the Defendants are responsible.

Republication of Libel; Damages


14.

The Article was published by Stewart and the AOL Defendants with the knowledge

and intention that it would be republished and redisseminated via linking from other
websites on the Internet, via quotation or paraphrasing in whole or in part on other
websites, or via a combination of the two (the "Republications").
15.

The Article was subsequently republished by various websites as alleged in

paragraph 13, above. At least 47 Republications known to the Plaintiff occurred between
the Initial Publication and August 20, 2014, as listed and described in Appendix "A".
16.

It was it was both intended by and foreseeable to Stewart and the AOL Defendants

that the Article would receive widespread public attention and readership. Lindros is a
well-known public figure, particularly in Canada and the United States and other countries
where ice hockey is popular. Furthermore, it was foreseeable to Stewart and the AOL
Defendants that the libellous content contained in the Article would cause Lindros
significant and permanent damage to his personal reputation.
17.

In addition, the Plaintiff has suffered aggravated damages as a consequence of

the Republications. In particular, but without limitation, certain Republications alleged,


based upon the defamatory statements in the Initial Publication that "Eric Lindros was
apparently an enormous [bleep]" and commented that "Lindros angrily tearing up charity
posters is a high point in athlete dickhead behaviour."
18.

It reasonably foreseeable to Stewart and the AOL Defendants that further

dissemination and republication of the Article and its contents would occur following the

Initial Publication. The libellous content of the Article and Lindros' role as a public figure
made the Article likely to attract a significant amount of public attention and interest. The
aggravated damages suffered by the Plaintiff as a consequence were caused by and are
the responsibility of the Defendants.
19.

The defendants are at law fully responsible for any and all damages suffered by

the Plaintiff for the Initial Publication and the Republications.


20.

In the event that this claim is served outside of Ontario, the plaintiff relies upon the

following provisions of rule 17.02 in support of such service:

21.

(a)

17.02(q) tort committed in Ontario;

(b)

17.02(h) damages sustained in Ontario;

(c)

17.02(1) injunctions in Ontario;

(d)

17.02(0) necessary or proper party; and,

(e)

17.02(p) person carryinq on business in Ontario.

Accordingly, the Plaintiff pleads entitlement to the relief claimed in paragraph 1 of

this Statement of Claim.


The plaintiff proposes that the action be tried in Toronto, Ontario.

-10October 15, 2014

CASSELS BROCK & BLACKWELL LLP


2100 Scotia Plaza
40 King Street West
Toronto, ON M5H 3C2
Geoffrey B. Shaw LSUC #:. 26367)
Tel: 416.869.5982
Fax: 416.350.6916
gshaw@casselsbrock.com

Timothy Pinos LSUC #: 20027U


Tel: 416.869.5784
Fax: 416.350.6903
tpinos@casselsbrock.com

Lawyers for the Plaintiff

-11APPENDIX "A"
(1) Publication of the Article:
Title
(a) Hecklers, Hooligans and the Striped-Shirted
Maitre D

Author
Paul Stewart

Date
July 16,
2014

Source
The Huffington
Post

(2) Publication of Internet links to the Article or direct quotes from the Article only:
Title
(a) Top Line: 10 years of free agent bests, worsts;
Ice Girls flap rages; more
(b) PHT Morning Skate: That Lindros Story that's
making Rounds
(c) Thursday Morning Fly By: Wherefore art thou
hockey news
(d) Colorado Avalanche: News from around the
NHL July 17th, 2014
(a) Starboard
(e) Dagenshockey.se

Author
Allan Muir
Mike Halford
Kelly Hinkle
Sandie
Gauthier
"Serious
Gord"
Unknown

Date
July 17,
2014
July 17,
2014
July 17,
2014
July 17,
2014
July 14,
2014
July 16,
2014

Source
Sports Illustrated
NBC Sports
SB Nation
SB Nation
Oilersnation.com
Dagenshockey.se

(3) Instances of republication which include an Internet link to, direct quote from the
Article, or reference to the Article, with supplementary commentary:
Title
(a) Former NHL ref details altercation
with former Flyer Eric Lindros
(b) Teenage Eric Lindros destroyed a
bunch of posters he was supposed
to sign for charity
(c) Eric Lindros, ex-Flyer, Ranger once
angered referee Paul Stewart by
tearing up charity posters
(b) Ex-NHL ref shares story about Eric
Lindros being a huge jerk
(c) PHT Morning Skate: That Lindros
story that's making rounds
(d) Right call? Ex-ref says he cut
Lindros zero slack after sour
encounter
(d) Former NHL ref tells cute story
about teenage Eric Lindros

Author
Unknown
Harrison Mooney

Date
July 16,
2014
July 16,
2014

Source
Philly.com
Yahoo Sports

Charles Curtis

July 16,
2014

NJ.com "True Jersey"

Anthony
Vasquez-Peddie
NBCSports.com

July 17,
2014
July 17,
2014
July 17,
2014

Canoe.ca Sports
Blog
Ajc.com

Fox Sports

Justin Klugh

July 17,
2014

Ajc.com

Philly.com

-12Title
(e) Former ref: I cut Lindros no slack
after run-in; ex-trainer fires back
(f) Eric Lindros was supposedly a
huge a-hole as a rookie
(g) Teenage Eric Lindros destroyed a
bunch of posters he was supposed
to sign for charity
(h) Former NHL ref details altercations
with former Flyer Eric Lindros
(i) A Funny Story About Then-Rookie
Eric Lindros Being a Huge
Dickhead
(j) Eric Lindros, ex-Flyer, Ranger once
angered referee Paul Stewart by
tearing up charity posters
(k) Eric Lindros isn't having the best
month in the PR department
(I) Thursday Links Acoustic Daft
Punk
(m)NHL 2013/14 Regular Season
Thread
(n) Eric Lindros Was Kind of a Dick As
a Youngin
(o) Ex-NHL ref shares story about Eric
Lindros being a huge jerk
(p) Retired NHL Referee Paul Stewart
has a piece in the Huffington Post
slamming make-up calls, "Two
Wrongs Don't Make a Right"
(q) Eric Lindros, ex-Flyer, Ranger once
angered referee Paul Stewart by
tearing up charity posters

Author
Fox Sports

Date

Source

July 17,
2014
July 18,
2014
July 16,
2014

Fox Sports

July 16,
2014
July 16,
2014

Philly.com

Charles Curtis

July 16,
2014

Lockerdome via
nj.com"

John Chandler

July 17,
2014
July 17,
2014
July 23,
2014
July 16,
2014
July 17
2014
Unknown

The Negadelphia
Diaries
SB Nation

D1i1. ~.~

July 16,
2014

FlyersPhans

Rob Giannone

July 18th,
2014

Buzzonbroad.com

(s) My Take On the Eric Lindros Huffpo Fillmydelphia


Story That Has Everyone So
Anti-Lindros These Days

July 17,
2014

Liberty City

(t) Rookie Eric Lindros was a Huge


D-Bag

July 16,
2014

Buzz on Broad

(r) Flyers Equipment Manager Jim


"Turk" Evers: "Lindros Story Was
NOT True"

Steve DelVecchio
Harrison Mooney

Unknown
Samer Kalaf

"Donut King"
Message Board
Sm itty
Anthony
Vasquez-Peddie
Unknown

Unknown

Larry Brown Sports


Yahoo Sports

Deadspin

Uhlinks.com
Barstool Sports
Canoe.ca
Reddit.com/r/hockey

-13Title
Author
(u) My Take On the Eric Lindros Huffpo Filimydelphia
Story That Has Everyone So
Anti-Lindros These Days

Date
July 17,
2014

Source
Saltshaker

(v) Flyers Equipment Manager Claims


Eric Lindros was Not a Huge Jerk
When He was Young

Jim Adair

July 18,
2014

Crossing Broad

(a) Eric Lindros, ex-flyer, Ranger once


angered referee Paul Stewart by
tearing up charity

nj.com

July 16,
2014

NJ.com

(4) Publication of Internet links, including links with commentary, to other


commentary about the Article:
Title

Author

(b) Thursday's A.M. Hot Clicks:


EI Paso Unveils Chihuahua

Andy Gray

July
17,
2014

Sports Illustrated
Linked to: Yahoo Sports: "Teenage
Eric Lindros destroyed a bunch of
posters he was supposed to sign for
charity."

(c) Hitler's `appendicitis attack';


Babcock scaring away
UFAs?; learning `stupid
easy' fancy stats (Puck
Headlines)

Jen Neale

July
~$
2014

Yahoo Sports
Linked to: Buzz on Broad: "Flyers
Equipment Manager Jim "Turk" Evers:
"Lindros Story was NOT True"

(d) Teenage Eric Lindros


destroyed a bunch of
posters he was supposed to
sign for charity

Unknown

July
16,
2014

FS Network
Linked to: Yahoo Sports: "Teenage
Eric Lindros destroyed a bunch of
posters he was supposed to sign for
charity."

(e) Eric Lindros, ex-Flyer,


Ranger once angered
referee Paul Stewart by
tearing up charity posters

Charles
Curtis

July
16,
2014

(f) Eric Lindros was a turd when


he was a rookie

Unknown

July
16,
2014

Hockey or Die
Linked to: NJ.com "Eric Lindros,
ex-Flyer, Ranger once angered regeree
Paul Stewart by tearing up charity
posters
Also Linked to: Deadspin: "A Funny
Story About Then-Rookie Eric Lindros
Being a Huge Dickhead
HFBoards
Linked to: Deadspin: "A Funny Story
About Then-Rookie Eric Lindros Being a
Huge Dickhead

Date

Source

-14Title

Author

Date

Source

(g) Eric Lindros, ex-Flyer,


Ranger once angered
referee Paul Stewart by
tearing up charity posters

Charles
Curtis

(h) Flyers equipment manager


mentioned in Paul Stewart
article about Eric Lindros
says story is bullshit

Unknown

(i) Teenage Eric Lindros


destroyed abunch of
posters he was supposed to
sign for charity

Harrison
Mooney

July
16,
2014

Yahoo! Sports Puck Daddy


Linked to: Deadspin.com,"A Funny
Story About Then-Rookie Eric Lindros
Being A Huge Dickhead"

(j) NHL News and Links


Quick Shifts: July 17th
Edition

Mike
Majeski

July
17,
2014

Fansided
Linked to: Puck Daddy Teenage Eric
Lindros destroyed a bunch of posters he
was supposed to sign for charity

(k) A Funny Story about


Then-Rookie Eric Lindros
Being a Huge Dickhead

Unkown

July
16,
2014

Reddit.com/r/hockey
Linked to: Deadspin "A Funny Story
about Then-Rookie Eric Lindros Being a
Huge Dickhead'

(I) A Funny Story about


Then-Rookie Eric Lindros
Being a Huge Dickhead

Samer
Kalaf

July
16,
2014

Veooz
Linked to: Deadspin "A Funny Story
about Then-Rookie Eric Lindros Being a
Huge Dickhead'

(m)Paul Stewart article


Discussing his first
experience with Eric Lindros

Blog

July
16,
2014

Phillysportsforums.com
Linked to: Deadspin "A Funny Story
about Then-Rookie Eric Lindros Being a
Huge Dickhead':

(n) A high point in athlete


dickhead behavior

Samer
Kalaf

July
16,
2014

(o) Never heard this Lindros


Story

Unknown

July
16,
2014

Facebook.com Via Deadspin


Linked to: Deadspin "A Funny Story
about Then-Rookie Eric Lindros Being a
Huge Dickhead':
Sportshoopla.com
Linked to: Deadspin "A Funny Story
about Then-Rookie Eric Lindros Being a
Huge Dickhead':

(p) Story about Lindros,


including his time in Blue

Unknown

July
16,
2014

July
16,
2014

Veooz.ca
Linked to: NJ.com "Eric Lindros,
ex-Flyer, Ranger once angered referee
Paul Stewart by tearing up charity
posters"
Reddit.com/r/hockey
Linked to: buzzonbroad.com, "Flyers
Equipment Manager Jim `Turk' Evers:
`Lindros Story Was NOT True"'

HF Boards
Linked to: Deadspin "A Funny Story
about Then-Rookie Eric Lindros Being a
Huge Dickhead'

ERIC LINDROS
Plaintiff

and

PAUL STEWART et al.


Defendants

Court File No.

ONTARIO
SUPERIOR COURT OF JUSTICE

PROCEEDING COMMENCED AT
TORONTO

STATEMENT OF CLAIM

Cassels Brock &Blackwell LLP


2100 Scotia Plaza
40 King Street West
Toronto, ON M5H 3C2

Geoffrey B. Shaw LSUC #: 26367)


Tel: 416.869.5982
Fax: 416.350.6916
gshaw@casselsbrock.com

Timothy Pinos LSUC #: 20027U


Tel: 416.869.5784
Fax: 416.350.6903
tpinos@casselsbrock.com

Lawyers for the Plaintiff