David Livingston, chief of staff to ex-Liberal premier Dalton McGuinty, has been sentenced to four months in jail and a year’s probation for deleting documents related to the notorious 2011 gas plant cancellation scandal. It is a sorry day for Livingston, 65, a man of otherwise spotless reputation who was apparently ensnared by his loyalty to Mr. McGuinty. Judge Timothy Lipson said the crime committed was extremely serious. “His conduct was an affront to, and an attack upon, democratic institutions and values,” Lipson said. “An attempt to tamper with the democratic process requires a strong denunciatory response.” The Crown had called for a six-month jail term while the defence had urged a conditional discharge, saying bad publicity has been enough punishment for Mr. Livingston.
BAD JOB REFERENCE IS NOT DEFAMATION
The Ontario Court of Appeal has said that even though the content of a job reference may be defamatory the author is not necessarily liable. In the case of an Ontario woman who sued her former supervisor, the court said such references are protected by the defence of qualified privilege. “The statements made by the respondent were defamatory but, given that they were made in the context of providing an employment reference, they were subject to a defence of qualified privilege,” the Appeal Court said. “The trial judge also concluded that the plaintiff had failed to prove malice in the making of the statements, so the defence of qualified privilege was not defeated.”
SON OF SLEEPER AGENTS GETS CANADIAN PASSPORT
Alex Vavilov, the son of Russian sleeper agents who have been kicked out of Canada and can never return, has nonetheless been granted a Canadian passport because he was born here. The Supreme Court is reviewing Vavilov’s status but until it returns a decision, he is a Canadian. Fascinating stuff. CBC
