Nanaimo courthouse. (News Bulletin file photo)

Nanaimo courthouse. (News Bulletin file photo)

Lantzville citizen counter-suing councillor who alleged privacy breach

Clinton Smith files response and counter-claim following Coun. Karen Proctor’s lawsuit

The Lantzville citizen who was sued by a councillor after he allegedly monitored her communications on a cellphone she gave him has filed a counter-suit.

Clinton Smith responded this week to a civil claim filed by District of Lantzville Coun. Karen Proctor, and also filed his own counter-claim in B.C. Supreme Court in Nanaimo.

A little over a month ago, Proctor sued Smith, alleging that she gave him an old cellphone with the understanding that he would be giving it to a person experiencing homelessness. Instead, Proctor claims Smith kept the phone, used it to access her personal e-mails and other correspondence and shared screenshots via social media.

RELATED: Lantzville councillor sues over privacy breach after her old phone was allegedly monitored

Smith, in his response to the claim, denied all Proctor’s allegations, saying he was never asked to “wipe” or reset the cellphone and that it was given to him with “no conditions attached.”

Smith also denies he breached Proctor’s privacy and denies he shared private information with third parties or online.

Smith’s response says even if he did access, share or publish information concerning the plaintiff, which he denies, he “asserts that it was publicly accessible information by way of the Freedom of Information and Protection of Privacy Act … as the plaintiff … was a city councillor and public figure; as such, her texts, chats and e-mails are public domain” and a matter of public interest.

Smith’s counter-claim references a “defamatory post” Proctor made on her Facebook page regarding the incident. Smith says Proctor’s post accuses him of breaking a promise and lying to her and infers that he is a promise-breaker and a liar.

“Each of the inferential meanings is false, malicious and defamatory of and concerning the defendant,” the counter-claim argues.

Smith says in his counter-claim that he has been “greatly injured in his character, credit and personal reputation.” He seeks damages, and is also asking for injunctions calling for Proctor to remove the post he says is defamatory and prevent her from further comment on the matter.

Proctor said in an e-mail to the News Bulletin that she’s looking forward to the case being dealt with in court.



editor@nanaimobulletin.com

Like us on Facebook and follow us on Twitter

CourtLantzville

Just Posted

The B.C. Supreme Court ruled Feb. 26 that the estate of deceased Sooke man and Hells Angels prospect Michael Widner is to be divided between his wife and his secret spouse. (Black Press Media file photo)
Estate of deceased Hells Angels prospect from Sooke to be divided between wife and secret spouse

Michael Widner’s 2017 death left a number of unanswered questions

Comox Valley-raised Shay Sandiford has earned a spot on the Canada skateboard team. Facebook
Vancouver Islander selected to Canada’s first-ever national skateboard team

Courtenay’s Shay Sandiford has his eye on qualifying for this summer’s Olympics in Tokyo

Tara Martin, head of the UBC Faculty of Forestry Conservation Decisions Lab, checks out some of the wildflowers that grow on SISCENEM, also known as Halibut Island located east off Sidney Island. Martin had brought the island to the attention of The Land Conservancy of British Columbia (TLC), which subsequently bought the island, then transferred ownership to WSANEC Leadership Council under a historic first. (Alex Harris/Submitted)
An Island of reconcilation: conservancy turns $1.55 million over to First Nation

SISȻENEM (Halibut Island), off Sidney, transfers to W̱SÁNEĆ Leadership Council under historic deal

Robert Schram, here seen in January 2016, died Saturday, according to a friend. (Black Press Media file photo)
Sidney, Saanich Peninsula mourn the death of Mr. Beads

Bead artist Robert Schram was a familiar, well-loved figure in Sidney and beyond

March 8 is International Women’s Day. (Stock photo)
Editorial: International Women’s Day can inspire us to recommit to equality

Let’s call out sexism, amplify feminism and keep working toward equality

B.C. Health Minister Adrian Dix and provincial health officer Dr. Bonnie Henry head for the B.C. legislature press theatre to give a daily update on the COVID-19 pandemic, April 6, 2020. (B.C. government)
B.C. nears 300,000 COVID-19 vaccinations, essential workers next

564 new cases, four deaths, no new outbreaks Thursday

This Dec. 2, 2020 photo provided by Johnson & Johnson shows vials of its Janssen subsidiary’s COVID-19 vaccine in the United States. THE CANADIAN PRESS/AP-Johnson & Johnson via AP
Canada approves Johnson & Johnson’s 1-shot COVID-19 vaccine

It is the 4th vaccine approved in Canada and the 1st that requires just a single dose

Office vacancy rates are rising in Greater Victoria while the supply of industrial land is shrinking. (Black Press Media File)
Report finds supply of industrial land in Greater Victoria shrinking

Office vacancy rates in Greater Victoria continue to rise

It’s been almost a year since the last public performance inside the Chemainus Theatre. (Photo by Don Bodger)
Donors pledge $60,000 in matching campaign at Chemainus Theatre

Perrys, Hiltons and Duncan Iron Works help to Bridge the Gap during COVID shutdown

Eaglecrest Golf Club plans to operate as a nine-hole course starting April 1. (Eaglecrest Facebook photo)
Eaglecrest Golf Club in Qualicum Beach still plans to have course layout reduced to 9 holes

Town council continues to negotiate lease for 18-hole operation

Nanaimo painter Shawnda Wilson hangs her exhibit Tropical Wallpaper at Jonny the Barber. The show runs until the end of March. (Josef Jacobson/The News Bulletin)
Nanaimo painter battles pandemic blues with tropical exhibition

Shawnda Wilson presents ‘Tropical Wallpaper’ at Old City Quarter barbershop

Walter Gretzky father of hockey hall-of-famer Wayne Gretzky waves to fans as the Buffalo Sabres play against the Toronto Maple Leafs during third period NHL hockey action in Toronto on Tuesday, Jan. 17, 2017. THE CANADIAN PRESS/Nathan Denette
Walter Gretzky, father of the Great One, dies at 82

Canada’s hockey dad had battled Parkinson’s disease and other health issues

Municipal Affairs Minister Josie Osborne speaks in the B.C. legislature, March 4, 2021. (Hansard TV)
B.C. Liberals, NDP sing in harmony on local election reforms

Bill regulates paid canvassers, allows people in condo buildings

The intersection of Melrose Street and Third Avenue. (ELENA RARDON / ALBERNI VALLEY NEWS)
Suspect in custody after two pedestrians struck in Port Alberni hit and run

RCMP asking for video footage, credit witnesses for quick arrest

Most Read