A lawsuit initiated by former Juan de Fuca Electoral Area Regional Director Erik Lund back in early 2005 against Michael Thornton, Victor Wehmann and Merrell Harlow for defamation has concluded. The Honourable Mr. Justice Bracken in the Supreme Court of British Columbia passed judgment in favour of the defendants on Wednesday, July 8.

The long drawn-out court case was initiated by Lund in response to several letters to the editor and a publication written by the defendants. Lund claimed they were defamation, but the judge disagreed stating that the statements were not defamatory in the context of the facts of the case.

The judgment outlines the background leading up to the suit in great detail.

Justice Bracken dismissed the action against the defendants and stated they were entitled to their costs.

Michael Thornton, developer of Silverspray, was pleased with the decision.

"I have said from that very beginning that we did not defame Erik Lund. This judgment confirms I was correct and Mr. Lund’s defamation claims never had any merit," said Thornton via e-mail. "The Court also ruled in the judgment filed yesterday – as another reason for dismissing Mr. Lund’s lawsuit – that what was said about Erik Lund was lawful fair comment on matters of public interest. In my criticism of Mr. Lund, I was simply exercising my right to freedom of expression about the political activities of an elected local representative – a right which is guaranteed by the Canadian constitution."

Thornton, along with Wehmann and Harlow were awarded court costs. Victor Wehmann and Merell Harlow are long-time residents of the area where the development is located and were active in community affairs and politics. Harlow ran against Lund in Nov. 2002

"We have been awarded legal costs. They will be calculated by our lawyer, and it is clear they will be very substantial," said Thornton.

In the original suit, Black Press Group Ltd., Island Publishers Limited, Sooke News Mirror publisher Rod Sluggett, editor Robin Wark and reporter Shannon Moneo were listed at defendants, although they settled with Lund prior to the July 8, 2009 ruling by Justice Bracken.

The case itself stems from Lund's perceived opposition to the Silverspray development in East Sooke and the resulting letters and publications written expressing dissatisfaction with Lund's handling of the controversial issue in his capacity as Juan de Fuca Electoral Area Regional Director.

In his ruling, Justice Bracken stated that as a public official Lund should have accepted criticism as part of the public interest.

He also said, "It is important to any community that matters of public interest are debated freely and openly. Sometimes, in the heat of discussions over a controversial issue where strong personal differences exist, persons on one side or other of the debate make comments that offend. But the fact that they offend is not enough. The comments must go beyond strong criticisms of a public man acting in his capacity as a public official."

When contacted Erik Lund said he did not want to comment.