Good morning from the Ottawa courthouse where I will be liveblogging day two of Guergis vs Harper. The action is set to start at 10 #hg
Here we go, Judge Hackland is here and we're getting underway. Paul LeVay, lawyer for Hamilton picks up where he left off yesterday #hg
LeVay says Guergis provides no details in her defamation claim vs Hamilton ie place, time, audience, for the alleged defamation #hg
In legalese, these kinds of details are called "the particulars". And they have to be there in order for a proper pleading to be made #hg
LeVay's now on the breach of trust claim by Guergis, he says it's "window dressing" for the defamation claim #hg
Again, he says this claim is almost completely devoid of particulars,doesn't meet the legal test+must be struck out #hg
LeVay says Guergis is trying to go on a fishing expedition, she *thinks*breach of duty may have occurred but nothing to back that up #hg
Guergis claims Hamilton+his firm Cassels Brock disregarded her relationship with them+breached duty. They rep'd CPC #hg
"She's speculating"about a breach of confidence LeVay argues,cites case law #hg
LeVay says Guergis can't reasonably have expected that Hamilton wouldn't tell Harper the Snowdy info, he had a duty to #hg
LeVay's going through his reasons why conspiracy claim should fail,including that it doesn't meet the requirements,like an agreement #hg
Guergis says the whole gang of them-Harper, Snowdy, Raitt etc-conspired vs her but no details about any agreements btween them:Levay #hg
LeVay's done and now Paul D'Angelo is arguing on behald of CPC. His main argument: the CPC can't be sued #hg
D'Angelo says there is not one single case where a political party has successfully been sued #hg
The CPC's been brought into this because of not allowing her to be a Tory candidate btw #hg
CPC is an unincorporated association, created in 2003 D'Angelo says,nomination rules+party constitution submitted as evidence #hg
D'Angelo says there are dispute resolution mechanisms,appeals etc+Guergis didn't use them. Instead went to human rights commission #hg
D'Angelo says unincorporated assocs - like the CPC-are not separate legal entities,they aren't corporations,can't be sued #hg
D'Angelo is citing some case law to prove his point that political parties can't be sued. In the meantime, here's some background... #hg
Guergis is suing CPC for conspiracy,breach of duty of good faith, negligence. Her removal as a candidate was May 5, 2010 #hg