, DBI, TN Downtown Businesses Septem 29,2017 Counc Lesley Parnelt ‘JoCity c Peterborough Cty Hal 500 George Street North Peterborough, ON 1oH 3R9 ear Councitor Parnell Re: Defamatory Comment re DBIA The Dowstown Business improvement Area (the "DBIA") Board of Directors need to respond to your «commenti made during a City of Peterborough (“Cty counell meeting held on September 11,2017 {the "Meeting. SummaryThe Defamat ubleation, and Effects onthe DBIA (On September 11, 2017, Peterborough City Counc considered, among other matters, 8y aw 37-095, which proposes to alter the rules governing the OBIA. During the public delegetion par ofthe meeting, "Mr. David Madi, Chair of the DBIA, made a submission. The gnly question from you to him way whether ‘oF not he ha attended ata meeting withthe ty CAO, Mr Seabrook. Otherwise, you raved nother ‘ssues with hi. While considering said Bylaw in Committe, where you could not be challenged by Mr ‘Modi, you made references in respect ofa settlement agreement (the "Agreement" executed by the Cy and the DBA that had resolved a prior dispute relating to the proposed new casino During tis pat Of the pubic meeting, in reference tothe DBIA and the Agreement, you stated “ond basicaly we were extorted [by the DSA] out of some money. That crosses the line... So that was the bottom line forme, ‘The Settlement Agreement was negotiated in god faith with both parties represented by experienced legal Counsel. is execution by the Gy was authorized by By-law at the time you were a Member of Counc. tall relevant times you were aware of such the detail ofthe Agreement and the efforts of 0d fit surrounding the settlement. You also coud have refreshed your memory of sushi! ‘necessary, ror the September 11, 2017, prior to making your harmful comments Furtnermore, on Febcuary 21, 2037 at a Special Cty Counc meeting you voted forthe agreement stating "its good fetur on investment" and that t was “well worth the money. Infact you said nothing negative about the settlement and that you would "suppor it the agreement) You stated nothing about extortion during this meeting and as seen on video ofthe meeting vou in fect raised your hand to vote forts, approval SS P.O. Box 297, 313 Water Street, Peterborough, Ontario KQJ 6YS + Te: (705) 748-47 74/5 « Fax: (705) 748-4776 website: wwu.GaDowntown.ca ‘ema info@peterboroughbia.com:Rebroadcast of Defamation ‘Your defamatory statements were rapidly picked up by the mea. On September 32,2017, Post Media published the story written by ale Kovach of the Peterborough Examiner on-line featuring the headline “Peterborough Downtown Business improvement association extorted city for money with casino appeal settlement: Parnell” The following day a second article was published on-tne with an Extortion’ headline and an enlarged pictuce of Mr. Madil pled inthe center of the page at the commencement af the article, On the same day, the Peterborough Examiner published an article in hard copy ints newspaper, with the headline "DBIAextorted money from city: Parnell, again featuring the picture of Mr. Madll. The story was cistributed widely. Mr. ‘Mall, the other Board Members and some of the Memberstip have already suffered serious consequences from its publication. [As you ate aware, the September 13,2017 story contained an inteview of Mr. Madillwherein he was {asked about your words in response to which he state: “eis unfortunate and careless what Leste Parnell sid Truth and facts donot support that cain” upon reflection and aepacaly after raaing Me. Madil's woes, far and reasonable person. especially ‘a publ figure such as youre, seeing the csparaging healresin the media resuting from your words, ‘would have immediately contacted Mr. Madi to apoogie, publicly retracted those words and “apologized tothe DBIA Board and its Members. Disappointing, to date you have chosen not to do so. Conclusions ‘Your statements were clary both public and defamatory, resulting a damage to the publi and private Feputations of Mr Madi and the DIA Boar its Membership and its institution The effect of the ‘multiple publeatos af same bythe media multiplies those effects, When youissue the subject Satement, you had only moments earber been advised by Mr. Mall of the cooperative relationship ‘whic the Cty andthe DBIA in negotiating the Settlement Agreement had strived to regan. AS noted above, you of cause knew that both parties ha experienced legal council asistng them inthis egar, Iti therefore clear that you had no honest bell inthe trth of your statement and thatthe purpose of the statement was, fac, the maligning of Mr. Mail, the OBIA Board and Membership. This constitutes actionable defamation for which damages ae recoverable in lwRequirement for Mitigation In order to mitigate the darmages your defamation has caused to Mr. Mall the DEIA Board and its Membership, we require you todo the folowing ‘On or before October 5, 2017 you isue a personal letter of retraction and apology addressed to Dave Macil and the DBIA Board and its Membership. Furthermore, we request that you contac the DIA office to advise as to whether you will be honouring ‘this requirement by October 2, 2017 The sincere hope ofthe DBIAs that we can put this incident behind us and move frword with yourself and the ey ina productive, respectful and cooperative relationship. We hope yousee the value inthis sewell ‘We trust we willhear from you promptly in respect ofthe above Sze SthNE Dave Madi Chair of DIA DBI Board of Directors