IN THE COURT OF QUEEN'S BENCH OF ALBERTA

JUDICIAL DISTRICT OF CALGARY

BETWEEN:
EZRA LEVANT, ROB ANDERS and SEAN McKINSLEY

Plaintiffs

- and GAUNTLET PUBLICATIONS SOCIETY,

SHELAGH PEIRCE, ROBERT BARNETSON and
CAREY DuGRAY
Defendants

A F F I D A V I T

I, EZRA LEVANT, MAKE OATH AND SAY AS FOLLOWS:

1. I am a Plaintiff in these proceedings and have personal

knowledge of the facts herein deposed to.
2. On Tuesday, April 27, 1993, I was in the University of Calgary
Book Store in the check out line. I was approached by Arnold
Nowicki. Mr. Nowicki is a reporter with The Gauntlet.

3. Mr. Nowicki commenced a conversation with me about matters

separate and apart from this lawsuit. After a brief conversation
he told me that he would soon be going to California and would make
long distance calls to harass me on my cellular telephone.
4. I found this comment to be inappropriate and unsettling. I
have in the past month received other harassing telephone calls.

D:\RNB\LITIGXT\17640
026AAFF.JLB

2
5 . M r. N o w i c k i t h e n c o m m e n c e d c o n v e r s a t i o n a b o u t t h e w i t h i n
action at which time I advised him that I did not feel that it
would be appropriate for me to discuss the matter with him and that
if he had any communication to make in regard to this matter he
s h o u l d c o n t a c t m y s o l i c i t o r. I g a v e h i m m y l a w y e r s b u s i n e s s c a r d .

6 . A t t h a t p o i n t M r . N o w i c k i l o u d l y l a u n c h e d i n t o a fl u r r y o f
insults including statements that I or the Plaintiffs were:

(a) low lifes;

(b) ass-holes;

(c) bull-shits;

(d) that we get our kicks out of intimidating people;

(e) nasty;

(f) motivated by revenge;

(g) that we beat up on people;

(h) that he had had an incident with Rob Anders and Sean
M c K i n s l e y.

7. Mr. Nowicki s remarks were made in a public place and may have
been overheard by many people.
D:\BHB\LITIGAT\17640
026AAFF.JLB

8. The said remarks can cause irreparable damage to the

Plaintiffs' reputations. I fear that this sort of unprovoked
a t t a c k m a y c o n t i n u e f r o m M r. N o w i c k i , o r t h e D e f e n d a n t s , o r
officers, agents or employees of The Gauntlet.

9. Such actions might not be compensable by an award of damages

as Mr. Nowicki has indicated that he is going to California;

10. I make this Affidavit in support of an application to add Mr.

Nowicki, as a Defendant in this action and for an injunction
r e s t r a i n i n g M r. N o w i c k i , T h e G a u n t l e t , i t s o f fi c e r s , a g e n t s a n d
employees from making any comment about the Plaintiffs.

SWORN BEFORE ME at the City

of Calgary, in the Province
of Alberta, this &*& day
o f 4 fi & < - , A . D . 1 9 9 3 .
A Commissioner for Oaths in and
for the Province of Alberta

-pz. *-*-*++<'

D:\HNB\LITIGAT\17640
026AAFF.JLB