Court File No.: C-1290-03




A. KELLER Counsel for the Plaintiffs
A. ELLIS In Person


THE COURT: I have one suggestion. this is going to be my order...


THE COURT: ... that within 15 days there will be a retraction and an apology to these two gentlemen for what he has done, failing which he will be jailed for a period of 30 days.

MR. KELLER: Thank you, Your Honour. And exactly how, Your Honour, is he to publish the retraction because he circulated it widely. I would ask that he, you know, almost that he publish it in the newspaper apologizing for what he's done.

THE COURT: Well, unfortunately by publishing trash you are...

MR. KELLER: Yeah, no, I understand that.

THE COURT: ... bringing it to the attention of somebody who might not have heard about it. I think a personal apology by letter to these two gentlemen and to the Children's Aid Society ...

MR. KELLER: And to Mr. Chalk (ph) as well.

THE COURT: And Mr. Chalk (ph) and we should give a copy of this to the police, the Kitchener Police as well, so that they would be in the ... know exactly what is happening and if there is no such apology, 30 days.

MR. KELLER: Okay. Is Your Honour going to endorse something, sir?

THE COURT: That is your last chance.

MR. KELLER: Okay, Is Your Honour going to endorse something to that effect?

THE COURT: I am going to endorse it to that effect.

MR. KELLER: Should we wait for it now, or is Your Honour going to issue something?

THE COURT: I will do it right now.

MR. KELLER: Okay, great.

THE COURT: In fact, you can help me with the wording exactly to make sure that it is very effectively dealt with.

MR. KELLER: Thank you, Your Honour.

THE COURT: Today is September 7th, 2005. For the record though I wanted to make a finding that I just did not come up with this. There is a flagrant disregard for Justice Reilly's order. Mr. Ellis appears to be very articulate and bright, but maybe perhaps misguided, but he certainly cannot argue that he did not know what he was doing here. This is obviously designed liable, it is slander of all these... Chalk(ph), Ringrose and Boles and there has to be a penalty, but I want him to show the remorse by giving him that chance. If he shows no remorse, the jails will be happy to accept him for a nice visit of 30 days. And consider yourself lucky for getting a guy like me sitting here today.

MR. ELLIS: Thank you, Your Honour.

THE COURT: Mr Ellis is found in contempt. Order to go that he is to send a written retraction and apology to Messieurs Chalk(ph), Ringrose and Boles by sending them this correspondence at their workplace and to notify the Children's Aid and the Waterloo Regional Police Services within 15 days. Failure to do so will result in a jail term of 30 days. Now, how do we trigger that?

MR. KELLER: Well, Your Honour, what I was going to suggest is that we adjourn this application to another date beyond the 15 days so that it can be dealt with if, in fact, he doesn't comply.

THE COURT: Al right. Adjourned balance of this motion to Wednesday, October 12th.

MR. KELLER: Thank you. May I speak to the issue of costs, Your Honour?


Reporter's Note: Submissions as to cost by both sides recorded, but not transcribed as per request.

MR. KELLER: And just one comment with respect to your endorsement, Your Honour.


MR. KELLER: With respect to the word apology, I'd ask that you add the adjectives unambiguous and unreserved apology so that he doesn't try some sort of left handed apology for his actions.

THE COURT: A written unambiguous and an unreserved retraction and apology.

MR. KELLER: Thank you, Your Honour.

THE COURT: Do you understand that, Mr. Ellis?

MR. ELLIS: I certainly do, Your Honour.

THE COURT: I am sure you do understand me.


THE COURT: You seem to be very good with the language.

MR. ELLIS: Thank you, Your Honour.

MR. KELLER: Thank you, sir.

THE COURT: Do not waste your talents on frivolous matters.

I, Tracy Eybel, certify that this document is a true and accurate transcript of the recording of Ringrose and Boles v. Ellis in the Ontario Superior court of Justice held at 200 Frederick Street, Kitchener, Ontario, taken from recording No. 4499-4-154/2005-10, which has been certified in Form 1.

Note by Dufferin VOCA: The photocopy attached to the affidavit of Peter Ringrose was not signed by Tracy Eybel.