Anglais
Developer gets earful from judge for ‘evasiveness,’ wins $1 in defamation suit
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A multimillionaire developer has been awarded a paltry $1 for defamation, while earning a healthy scolding from a B.C. judge for his « lack of candour with the court. »
In a judgment issued Friday, B.C. Supreme Court Justice Neena Sharma rebuked Miaofei Pan for his conduct during his defamation trial against Vancouver blogger Bing Chen Gao, writing that she had serious concerns about his credibility.
Though Sharma ruled that Gao had defamed Pan in two of 10 online articles named in the suit, she also said some of Gao’s most inflammatory claims about Pan appeared to be true — including allegations of tax evasion. She rejected Pan’s suggestion of damages between $360,000 and $450,000 and said a single dollar would be more appropriate,
« I am disturbed by the plaintiff’s lack of candour with the court, manifested both in his testimony and his lack of document production in this litigation, » Sharma wrote.
Of particular concern was his response to Gao’s claim that Pan had received the Canadian child tax benefit, despite his obvious wealth. This was one of the centrepieces of Pan’s defamation suit, and he initially told the court that he did not qualify for or receive the benefit.
But Pan failed to present all of his tax returns to the court, and the judge found it was likely that he had, in fact, claimed the child tax benefit.
« His evasiveness with this court on that issue is deserving of rebuke, and I decline to award him substantial damages on that basis, » Sharma wrote.
A B.C. Supreme Court judge found Miaofei Pan likely did evade taxes and claim the child tax benefit, despite his wealth. (David Horemans/CBC)
She also found it was likely that Pan had evaded paying taxes, just as Gao had claimed in his articles.
And she said it appeared Pan had completely fabricated a story about someone trying to blackmail him by asking for cash to stop Gao from writing about him.
« Anchoring all of these concerns is my serious concerns about the plaintiff’s credibility. From my purview as the trial judge and exclusive fact-finder, the plaintiff demonstrated on a number of occasions throughout his testimony an attitude that he should not have to answer to the defendant, and indirectly to this court, about his business affairs, » Sharma wrote.
Pan held fundraiser for Trudeau
Pan is a real estate developer who once hosted a fundraiser for Prime Minister Justin Trudeau at Pan’s West Vancouver mansion. Pan moved to Canada from China more than a decade ago — according to his legal submissions, he’d been embroiled in business « troubles » and lawsuits in his home country.
Another mansion Pan owns in Vancouver’s ritzy Shaughnessy neighbourhood was severely damaged in a suspected arson last year. Four months after the fire, Pan was ordered by the city to fix up the property.
Meanwhile Gao, who uses the pen name Huang Hebian, spent two decades as a journalist in China, and now writes for Chinese language media outlets in Canada. He testified that he wrote about Pan because he wanted to expose « problematic » leaders in the Chinese-Canadian community.
The lawsuit prompted Gao’s supporters to rally against what they described as an attack on free speech. In the summer of 2017, more than 280 people gathered at a Chinatown restaurant for a fundraiser, and contributed at least $69,000 for his defence.
Gao represented himself in court.
Judge says blogger was not motivated by malice
When Pan filed suit, he pointed to 10 posts Gao published on the popular Chinese social media site WeChat between 2016 and 2017. Just two of those were found to be defamatory, and the judge said Pan had failed to prove that Gao was motivated by malice.
Beyond that, she said there was little proof that Pan’s reputation as a community leader had actually been hurt by the postings. Even the witnesses who offered evidence on his behalf said they only had temporary doubts about Pan’s character.
« Most telling is the fact that the plaintiff was not asked to resign any position on any community association. He claimed his reputation was harmed, yet the associations themselves apparently did not think so, » Sharma wrote.
Though Pan complained he had trouble sleeping and suffered from stress and anxiety because of the shame caused by the articles, the judge said his credibility problems made it difficult to believe him.
« Moreover, I would have found it at least equally probable (if not more) that the stress and anxiety were caused by the allegation that he claimed the CTB [child tax benefit], which I have concluded is true, » Sharma said.
Sharma declined to issue an injunction permanently restraining Gao from publishing defamatory material about Pan, but she did order Gao to remove the two articles.
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In downtown Montreal, it’s festival season.
In the city’s entertainment district, a musical act was conducting a sound check on stage Friday evening — the second day of the French-language version of the renowned Just For Laughs comedy festival. Tickets for many of the festival’s free outdoor shows — limited by COVID-19 regulations — were sold out.
Two blocks away, more than 100 people were watching an acoustic performance by the Isaac Neto Trio — part of the last weekend of the Festival International Nuits d’Afrique, a celebration of music from the African continent and the African diaspora.
With COVID-19 restrictions continuing to limit capacity, festival organizers say they’re glad to be back but looking forward to next year when they hope border restrictions and capacity limits won’t affect their plans.
Charles Décarie, Just For Laughs’ CEO and president, said this is a “transition year.”
“Even though we have major constraints from the public health group in Montreal, we’ve managed to design a festival that can navigate through those constraints,” Décarie said.
The French-language Juste pour rire festival began on July 15 and is followed by the English-language festival until July 31.
When planning began in February and March, Décarie said, organizers came up with a variety of scenarios for different crowd sizes, ranging from no spectators to 50 per cent of usual capacity.
“You’ve got to build scenarios,” he said. “You do have to plan a little bit more than usual because you have to have alternatives.”
MONTREAL — MELS Studios will build a new film studio in Montreal, filling some of the gap in supply to meet the demand of Hollywood productions.
MELS president Martin Carrier said on Friday that MELS 4 studio construction will begin « as soon as possible », either in the fall or winter of next year. The studio could host productions as early as spring 2023.
The total investment for the project is $76 million, with the Quebec government contributing a $25 million loan. The project will create 110 jobs, according to the company.
The TVA Group subsidiary’s project will enable it to stand out « even more » internationally, according to Quebecor president and CEO Pierre Karl Péladeau. In the past, MELS Studios has hosted several major productions, including chapters of the X-Men franchise. The next Transformers movie is shooting this summer in Montreal.
Péladeau insisted that local cultural productions would also benefit from the new facility, adding that the studio ensures foreign revenues and to showcase talent and maintain an industry of Quebec producers.
STUDIO SHORTAGE
The film industry is cramped in Montreal.
According to a report published last May by the Bureau du cinéma et de la télévision du Québec (BCTQ), there is a shortage of nearly 400,000 square feet of studio space.
With the addition of MELS 4, which will be 160,000 square feet, the company is filling part of the gap.
Carrier admitted that he has had to turn down contracts because of the lack of space, representing missed opportunities of « tens of millions of dollars, not only for MELS, but also for the Quebec economy. »
« Montreal’s expertise is in high demand, » said Montreal Mayor Valérie Plante, who was present at the announcement.
She said she received great testimonials from « Netflix, Disney, HBO and company » during an economic mission to Los Angeles in 2019.
« What stands out is that they love Montreal because of its expertise, knowledge and beauty. We need more space, like MELS 4, » she said.
There is still not enough capacity in Quebec, acknowledged Minister of Finance, the Economy and Innovation Eric Girard.
« It is certain that the government is concerned about fairness and balance, so if other requests come in, we will study them with the same seriousness as we have studied this one, » he said.
Grandé Studios is the second-largest player in the industry. Last May, the company said it had expansion plans that should begin in 2022. Investissement Québec and Bell are minority shareholders in the company.
For its part, MELS will have 400,000 square feet of production space once MELS 4 is completed. The company employs 450 people in Quebec and offers a range of services including studio and equipment rentals, image and sound postproduction, visual effects and a virtual production platform.
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