Judge rules that Melinda Karlsson doesn't have to give Monika Caryk cyberbullying evidence

[AustonsNostrils]

Judge made a terrible decision here. Now Caryk's character is in question without any validity to the rumors her accuser spread. So really Caryk's only option now is go to after Melinda karlsson, a mother still mourning the death of her infant . What a great position Caryk is in.

Judges aren't free to do what makes sense or what seems right, their job is to follow the law and this case was a non-starter for Caryk because "Anything filed with the court as part of an application for a peace bond is absolutely privileged, meaning it cannot form the basis of any legal proceeding." End of story, the judge had no power to do what Caryk wanted her to do.

If Caryk is innocent of the claims Melinda Karlsson made about her it's unfortunate, it's also unfortunate her lawyer led her down the garden path. The judge told her how she might clear her name, there were 1,000 posts attributed to her on a website/forum which were threatening to Melinda Karlsson. Posts on forums and social media have time stamps and IP addresses of the posting computers/devices. Caryk can get a judge to subpoena the website owner and the ISP to provide the name of the customer who had that IP address at the time the posts were made. If she really is innocent she might get lucky and it turns out the posts were made by Melinda or friends of Melinda's to frame her. At that point she could file a defamation/libel suit for big money. In Canada defamation is a serious criminal charge, I think in the US it's only a civil law thing so no jail involved.

If Caryk doesn't go after the IP addresses it means she knows it won't help because she made those posts. Her fiance Hoffman is rich, he can easily afford the $10K or whatever a good lawyer would charge for that job.

 

[4thline]

^
I have no idea what happened and really don't care but I have considered this the most likely scenario for a while now. All the girls just knew it had to have been that nasty Monica.

Agreed, no one with the slightest understanding of the role of in/ out groups and the biases inherent to our perceptions of others would find the opinions vapid clique against an outsider anything resembling evidence.

Maybe she is a . Last I checked being unpleasant wasn't proof of guilt.

 

[The Hanging Jowl]

Judges aren't free to do what makes sense or what seems right, their job is to follow the law and this case was a non-starter for Caryk because "Anything filed with the court as part of an application for a peace bond is absolutely privileged, meaning it cannot form the basis of any legal proceeding." End of story, the judge had no power to do what Caryk wanted her to do.

If Caryk is innocent of the claims Melinda Karlsson made about her it's unfortunate, it's also unfortunate her lawyer led her down the garden path. The judge told her how she might clear her name, there were 1,000 posts attributed to her on a website/forum which were threatening to Melinda Karlsson. Posts on forums and social media have time stamps and IP addresses of the posting computers/devices. Caryk can get a judge to subpoena the website owner and the ISP to provide the name of the customer who had that IP address at the time the posts were made. If she really is innocent she might get lucky and it turns out the posts were made by Melinda or friends of Melinda's to frame her. At that point she could file a defamation/libel suit for big money. In Canada defamation is a serious criminal charge, I think in the US it's only a civil law thing so no jail involved.

If Caryk doesn't go after the IP addresses it means she knows it won't help because she made those posts. Her fiance Hoffman is rich, he can easily afford the $10K or whatever a good lawyer would charge for that job.

Your bolded part is bang on and what most people in here are missing. There's no law suit or criminal charges so the Karlsson's are under no obligation to provide any evidence at all. They likely already have the result they were looking for (peace bond) and have moved on. Not providing evidence in no way whatsoever clears MC's name (and I'm not saying there's anything to clear - just refuting that this new decision somehow proves the Karlsson's falsely accused her - it doesn't).

Also you'll notice Caryk is merely looking for whatever evidence is against her. Has anyone considered she could easily bring the whole thing out in the open by filing a defamation suit? Hmmm...interesting that someone so interested in clearing her name that claims to be 100% innocent wouldn't go that extra step to force evidence into light.

 

[AustonsNostrils]

'a peace bond can be issued where a person fears, on reasonable grounds, that another person will hurt him or her, damage his or her property or harm his or her spouse or child and has successfully applied to a justice of the peace to sign a peace bond based on this fear'

Melinda made an application for a peace bond BUT it was never ordered. So who leaked this to the media?

I get why Caryk would be upset, if you had an ex-girlfriend who wanted to hurt you, she can go file an application for a protection order against you claiming you've been stalking her and doing other creepy stuff. Then she goes and leaks to friends she's getting a protection order against you and soon everybody you know has heard and you look like a creep meanwhile you have no way of knowing what she accused you of in her application. It won't matter if the justice of the peace doesn't grant the order due to her not providing good enough evidence, the damage to your reputation is already done.

 

[Saekk]

"Karlsson’s lawyer entered no evidence to oppose the application on the record but said it would be “outrageous” for the court to compel a victim of cyber bullying to turn over evidence to the woman she believed to be her tormentor."

Ehm, am I the only one that finds that pretty weird?

Well who f***ing else should provide the evidence then? Haha, that's absolutely ridicilous.

 

[PatriceBergeronFan]

Who is Melinda Caryk?

Anyways does this mean Melinda Karlsson was lying the whole time?

Isn't this considered slander and caused Hoffman to lose his place of work?

It would be interesting to see a ruling on the latter part. Technically his place of employment is still the NHL making the exact same salary, and on a much better team even (irrelevant yes).

 

[A1LeafNation]

It would be interesting to see a ruling on the latter part. Technically his place of employment is still the NHL making the exact same salary, and on a much better team even (irrelevant yes).

He was relocated as a result of this to a different country.

 

[Stand Witness]

How much of this probably just comes down to the fact that accusations like this can be hard to prove to start AND they are literally on opposites sides on the continent right now?

Not saying it is necessarily right to not convict someone but I could also see them thinking something along the lines of this:

1) The evidence to provide proof beyond reasonable doubt will be hard enough to start
2) They are on opposite sides of the country
3) Caryk's reputation is already done to begin with
4) Any legal fines probably don't outweigh the cost of trying to move forward with anything else.

 

[Grigowski]

Well who ****ing else should provide the evidence then? Haha, that's absolutely ridicilous.

Easy my friend. We all can just speculate at this point.

To me, the reputation is allready gone. That´s the main problem these days. If Caryk is absolutely convinced she´s not guilty, than she should/will file charges against the Karlssons.

 

[PatriceBergeronFan]

He was relocated as a result of this to a different country.

Certainly, but... I think he is just fine where he is. Again, same employer, pay, likely the same home address... The only real issue is the girlfriend/wife's reputation.

 

[BonAppleTea]

Certainly, but... I think he is just fine where he is. Again, same employer, pay, likely the same home address... The only real issue is the girlfriend/wife's reputation.

Yea we will probably find out sooner or later. The only reasonable way to regain her image would be to sue and win at this moment

 

[Herregud]

okay, but maybe if people didn't have their faces glued to a phone 24/7... they wouldn't take those messages so serious . There is a world outside the OMG texting universe.

If someone comes over , knocks on your door and threatens you, then it's a major problem.

All these females on instagram showing off, expecting only positive feedback and then gets offended when someone says something they don't like ..... just another sign that people are soft these days.

Get off the net, and 90% of your problems disappear

Except for Rangers and Leaf fans of course !

So what you're saying is that someone should allow themselves to be derived of something that they enjoy by someone else that's entirely out of line and/or breaking the law? That's... an interesting take.

Also, you never know what types of things are being said, they may very well be threats that someone has every intention of acting on. The types of threats that lead to someone knocking on your door.

Some of the highest profile cases of cyber-bullying involve children that also have to return to their schools and deal with their bullies face-to-face as well. If the accusations in this case end up being true, then we're talking about a woman that is/was part of a circle of women that likely socialized in person regularly. So the "get off the net" aspect of your comment here is likely far from an actual solution. We're not talking someone in Canada being harassed by someone in Taiwan.

 

[Mickey Marner]

Isn't this considered slander and caused Hoffman to lose his place of work?

Karlsson didn't publicly accuse Caryk of anything, so it's not slander. Whoever leaked the peace bond application should be in some hot water though.

 

[Jtown]

How much of this probably just comes down to the fact that accusations like this can be hard to prove to start AND they are literally on opposites sides on the continent right now?

Not saying it is necessarily right to not convict someone but I could also see them thinking something along the lines of this:

1) The evidence to provide proof beyond reasonable doubt will be hard enough to start
2) They are on opposite sides of the country
3) Caryk's reputation is already done to begin with
4) Any legal fines probably don't outweigh the cost of trying to move forward with anything else.

3. is false. THe only way she can repair her reputation is at the expense of Melinda Karlsson.

 

[TheBluePenguin]

I posted this on the thread in the trade section

Don't know anything about Hoffman's girlfriend, but after reading into all this drama I doubt any of the people involved are smart enough to use a vpn or ip hiding software. My guess is if the lawyers couldn't find anything to tie Hoffman's girlfriend to this, she most likely didn't do it.

What I didnt note is that I would guess those two ladies hated each other well before the loss of the child, I know big shocker right. I also lost a baby, he lived 11 days, I will tell everyone who has never experienced something like that, I was extremely MAD like I felt like punching everyone I talked to in the face, It is by far the worst thing I have ever gone through. I do not get mad at EK's wife, she might have need somewhere to focus that anger and choose poorly.

 

[Chips]

It’s possible to know someone is behind something but not have the evidence required for it to be proven in a court.

Then how can you convince the court to take action against the accused? Even the smallest gesture lends credit to the accusation, and they don’t even need to prove it?

 

[StoneHands]

Certainly, but... I think he is just fine where he is. Again, same employer, pay, likely the same home address... The only real issue is the girlfriend/wife's reputation.

Being traded twice within a couple weeks of this all coming out and ending up in a completely different country than he has been for his entire career is kind of a big deal. You don't have to immediately lose pay or be in a worse situation for something to negatively affect you. His worth around the NHL is clearly not what is was just a few months ago. Unlike some other sports, the NHL is a league where players build value not only by stats and numbers on the ice but based on their character, and his has been destroyed. This is a top 6 forward traded in the prime of his career for a bottom 6 forward and then instantly flipped to another team for draft picks. He can easily argue that it's hurt his reputation and value around the league and that it could and probably will negatively affect his contract negotiations which can start in the next year when this is all still fresh on people's minds.

 

[Jtown]

I posted this on the thread in the trade section

Don't know anything about Hoffman's girlfriend, but after reading into all this drama I doubt any of the people involved are smart enough to use a vpn or ip hiding software. My guess is if the lawyers couldn't find anything to tie Hoffman's girlfriend to this, she most likely didn't do it.

What I didnt note is that I would guess those two ladies hated each other well before the loss of the child, I know big shocker right. I also lost a baby, he lived 11 days, I will tell everyone who has never experienced something like that, I was extremely MAD like I felt like punching everyone I talked to in the face, It is by far the worst thing I have ever gone through. I do not get mad at EK's wife, she might have need somewhere to focus that anger and choose poorly.

You don't feel mad at ek's wife? Nothing she did is justified. Losing a child is one of the worst experiences a human can go through, especially at the infancy stage. But What happened to Caryk and Hoffman this summer was terrible in it's own regard and it was caused by one individual. Hoffman's reputation in this league is at an all time low, and his fiance may never be able to have a meaningful relationship associated with the nhl all because of caryk. Tragedy does not absolve someone of the damages they have caused others.

 

[Field of Dreams]

I don't get it, why did a few of the Senators wives jump to defense Karlsson on this then?

I DONT GET IT EITHER! In my experience, I haven't seen any situations that even closely resemble the senators wifes grouping up and attacking one of their peers while she is vulnerable either. Not in the slightest bit or in a fashion with abstract and mild but fleeting similarities.

 

[ManofSteel55]

innocent until proven guilty

but so many people jumped on her anyways lmfao sad

Innocent refers to legality. The court of public opinion doesn't need to follow that unfortunately.

 

[TheBluePenguin]

You don't feel mad at ek's wife? Nothing she did is justified. Losing a child is one of the worst experiences a human can go through, especially at the infancy stage. But What happened to Caryk and Hoffman this summer was terrible in it's own regard and it was caused by one individual. Hoffman's reputation in this league is at an all time low, and his fiance may never be able to have a meaningful relationship associated with the nhl all because of caryk. Tragedy does not absolve someone of the damages they have caused others.

I never said I condone what she did, all I said or meant to say was that the amount of anger I felt was unlike anything I have ever felt before, I honestly hoped that someone would try anything with me so I could throw down with anyone. What she did was stupid and reckless but I get the anger. Here is a post I made weeks ago, trust me Im not saying she should have no recourse, im just saying it is really really hard and I was mad at everyone and everything, she just took it out on the wrong person most likely because she already hated her.

I lost a son after 11 days.... What I didn't do is make up stories and make accusations against innocent people... Not saying the Hoffman's are innocent, we still do not know anything, but people do not get a pass for being an ******* just because they lost a child.

 

[Sky04]

I DONT GET IT EITHER! In my experience, I haven't seen any situations that even closely resemble the senators wifes grouping up and attacking one of their peers while she is vulnerable either. Not in the slightest bit or in a fashion with abstract and mild but fleeting similarities.

Did you go to high school?

I more surprised people don't think this sort of thing happens.

 

[Field of Dreams]

Did you go to high school?

I more surprised people don't think this sort of thing happens.

/s

Thought I made it obvious

 

[swiftwin]

If this were going on between players, it would be one of the most bizarrely toxic things I’d seen in any sport. The fact that it’s happening between their wives is just... next level.

Can you even imagine working in a place where something like this went down? Let alone in public?

It would probably affect my work performance....

 

[swiftwin]

I'm not sure if you guys know this, but you're allowed to not have an opinion on this. You don't have to pick one side or the other.