Shelly Cuthbert talks to media at her make-shift dog kennel along Atlin Road on Oct. 24. Justice Ron Veale dismissed Cuthbertճ $1-million defamation lawsuit following a brief hearing Jan. 21 after she failed to come up with $15,000 before a court-ordered deadline. (Crystal Schick/Yukon News file)

Judge dismisses Shelley Cuthbert’s defamation lawsuit after she fails to post $15k security

Cuthbert was not present in court during a brief hearing on Jan. 21

A Yukon Supreme Court judge has tossed dog rescue owner Shelley Cuthbert’s defamation lawsuit against her former Tagish Estate neighbours and two other women after she failed to come up with $15,000 before a court-ordered deadline.

Justice Ron Veale dismissed Cuthbert’s $1-million claim following a brief hearing Jan. 21.

Lawyers Graham Lang and Andre Roothman, who together represented nine defendants — Stefan and Ursula Angerer, Leopold and Edeltraud Selinger, Gerry McGraw, Stefan Landfried, Anne Middler, Emerald Gillespie and Lisa Gallant — had made applications for the lawsuit’s dismissal since Cuthbert had failed to post security of costs as of Dec. 31, 2018.

That deadline had been set in late November, when Veale ordered Cuthbert to post $15,000 before her lawsuit could proceed.

Cuthbert had sought damages for, among other things, “destruction of reputation, emotional distress and property damage which includes pain and suffering of the dogs.”

She was not present in court Jan. 21.

Instead, she had filed an affidavit Jan. 14 stating she was not informed about hearing dates and that due to a “family issue,” she would be unable to attend.

Cuthbert’s affidavit also says she has “no assets to sell to pay any amount of money to the courts” on account of being forced to move her dog rescue business from her Tagish Estates home following a successful nuisance lawsuit launched by six of her neighbours.

That lawsuit resulted in a court order for her to keep no more than two dogs at her property; instead of surrendering the majority of her 50-something animals, Cuthbert left Tagish and set up camp off Atlin Road.

“The court order has made it clear anyone who is poverty stricken does not have access to the civil court process, when (the courts) have ensured that their primary income was shut down,” she wrote.

However, in his submissions Jan. 21, Lang said he notified Cuthbert about the hearing in early January.

Cuthbert had not offered a valid reason for not posting security, Lang continued, nor did it appear that she would do so within a reasonable timeframe — her affidavit, he argued, showed “exactly the opposite.”

“This is the end of the road, I believe, for this particular matter,” he said, adding that the lawsuit had been a “retaliatory action from the outset” and was a “very weak claim.”

Veale found that Cuthbert had been “well aware” of the hearing and “really offered no hope” that she would post security.

He dismissed her lawsuit, awarding legal costs to the defendants.

Contact Jackie Hong at jackie.hong@yukon-news.com

Just Posted

Yukon government was wrong in evicting youth from a group home, commissioner finds

The health department has roughly two months to respond to recommendations

Stephanie Dixon ready to dive into new role as chef de mission for 2019 Parapan American Games and 2020 Paralympic Games

“You do it because you believe in yourself and you have people around you that believe in you”

WYATT’S WORLD

Wyatt’s World

Whitehorse becomes first community north of 60 to have private pot shop

Triple J’s Canna Space opens its doors to first customers

Whitehorse council news, briefly

Some of the news that came out of Whitehorse city council this week

Snowmobiles and snow bikes descend on Mount Sima for Yukon Yamaha Uphill Challenge

“I think everyone had their eyes opened on what could be done there”

Yukon Orienteering Association starts Coast Mountain Sports Sprint Series off in the right direction

The race on April 11 was the first of five sprint races planned for the spring

Yukon gymnasts stick the landing at inaugural B.C. Junior Olympic Compulsory Championships

Seven Polarettes earned five podium finishes at the two-day event in Langley, B.C.

École Émilie-Tremblay hosts first Yukon elementary school wrestling meet of 2019

“You can grab kids and you can trip and you can do that rough play, but there are rules”

Driving with Jens: Survey says….

If you’re like me, you probably feel inundated with surveys. It seems… Continue reading

Editorial: Promising electoral reform is the easy part

Details of what that would actually look like are much harder to come by

Yukonomist: The centre of the business universe moves 4,000 k.m. northwest

The Canadian Federation of Independent Business named Whitehorse Canada’s top place to start and grow a business

Whitehorse starts getting ready for Japanese students

This summer 13 Japanese students are slated to come north

Most Read