Former City Councilor and NPA mayoral candidate Peter Ladner has won in a defamation suit filed against him by DERA's Kim Kerr. Our readers can see Judge B. Brown's decision, Kerr v. Ladner. Brown comments:
I do not accept the plaintiff’s submission that Mr. Lee and Ms. Ball are confused, that they are thinking of the comment made by Mr. Kerr and caught on the Schmidt videotape. Ms. Ball was clearly upset by the impugned comment, as her notes made contemporaneously indicate, and as apparent when she was giving her evidence at trial. The events had a strong effect on her. It is likely that she would remember them and not be confused. Furthermore, in viewing the Schmidt videotape, Ms. Ball is not paying particular attention when Mr. Kerr makes his comments about the red scarf, and does not appear upset. Nor does Mr. Lee demonstrate any concern as a result of those comments. This is completely at odds with their description of their response to Mr. Kerr’s later comments about the red scarf. I am satisfied that there were two separate incidents.
With respect to Mr. Kerr’s evidence, he has a vague recollection of that day. He does not recall how he got to the meeting or who he travelled with; his evidence is as to his usual practice. Similarly, he had no recollection of how he left or who he travelled home with. He too had no reason to have a detailed memory of events.
Ladner and the City are asking for the plaintiff to cover their costs. The former Councillor calls the whole affair "a huge waste of time and money."