IN THE COURT OF QUEEN’S BENCH OF ALBERTA

JUDICIAL DISTRICT OF EDMONTON

                                                                                              

                                                                                      Q.B. NO. 0103 14569

BETWEEN:

FERRELL CHRISTENSEN

                                                                                                                    Plaintiff

- and -

 

THE NATIONAL POST COMPANY, NP HOLDINGS COMPANY, GLOBAL

COMMUNICATIONS UMITED, and DONNA LAFRAMBOISE

                                                                                                              Defendants

 

ANSWERS TO UNDERTAKINGS

FROM EXAMINATIONS OF [name deleted]

HELD OCTOBER 22. 2002

 

 

UNDERTAKING NO. 1

 

To advise if deponent has any information contrary to anything to which Ms. Laframboise has testified.

 

ANSWER:

 

We are not aware of any such information.

 

DATE ANSWERED: June 17, 2003

 

 

UNDERTAKING NO. 2

 

Ask Mr. Whyte, Mr. Gurdon, Mr. Zivitz, Mr. Waldie and Mr. Walmsley as to whether they have any memories of any kind that relate to this article other than the ones that have been produced. [The undertaking was to search for memoranda or records, not memories. Either way, there appears to have been no concern or cooperation here.]

 

ANSWER:

 

They do not. [As is illustrated here, all of my lawyers' attempts to get information about behavior by the reporters' editors were in vain.]                                                [Back]

 

DATE ANSWERED: June 17, 2003

 

 

 

 

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UNDERTAKING NO. 3

 

Inquire into whether there were handbooks of a general nature that would have been in existence in March of 2001 that would have governed the conduct of Ms. Laframboise and produce them to the Defendant’s counsel to determine if    there is anything relevant to these proceedings.

 

ANSWER:

 

Nothing relevant to these proceedings has been located.

 

DATE ANSWERED: June11, 2003

 

 

UNDERTAKING NO. 4

 

Provide a copy of the deponent’s resume or C.V.

 

           ANSWER:

 

           Attached

 

DATE ANSWERED:                                                                                           June 17, 2003

 

 

UNDERTAKING NO. 5

 

Provide whatever information, notes or materials you have about a National Post seminar on legal issues.

 

 ANSWER:

 

There were no such materials and no notes have been preserved.

 

DATE ANSWERED: June 17, 2003

 

 

UNDERTAKING NO. 6

 

Check in the National Post library and see if at the time Ms. Laframboise was employed there any materials available to her relating to journalistic ethics or professional conduct.

 

 

 

 

 

 

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           ANSWER:

          

The National Post library has the report of the Royal Commission on Newspapers (the  Kent.Commission), with its eight volumes of research studies, including Vol. 2, The Journalists; Vol. 3, Newspapers and the Law; and Vol. 7, The Newspaper and Public

             Affairs. It also has the Report of the Special Senate Committee on the Mass Media (the

             Davey Report). For evidence of journalistic practice, the library also contains memoirs,        

             such as those by James Reston (Deadline), Robert Fulford (Best Seat In the House),

             Conrad Black and Douglas Creighton; biographies of J.B. Maclean, Conrad Black,    

             Rupert Murdoch and Robert Maxwell; histories such as The Rise of the Canadian 

             Newspaper, by Douglas Fethering, Canadian Newspapers, The Inside Story, edited by 

             Walter Steward, Power and Influence, by David Hayes (a book on the Globe and Mail), 

             The Monthly Epic, by Fraser Sutherland (on Canadian magazines); and books of media

             criticism, such as Gotcha!  How the media Distort the News, by George Bain,  

             Yesterday's News: How Canada's Daily Newspapers are Failing Us, and Birds of a

             Feather: The Press and Politicians, by Allen Fotheringham.

 

           DATE ANSWERED: June 17, 2003

 

 

UNDERTAKING NO. 7

 

           Check records and advise, subject to any reservations to be raised about

           confidential source material, as to the identity of the reliable source referred to   

           on the second page, first paragraph, third sentence of K00112 a letter to Mr.

           Wagman, dated May 17, 2001.

 

           ANSWER:

 

           Answer will be provided.

 

           DATE ANSWERED: June 17, 2003

 

 

UNDERTAKING NO. 8

 

           Make inquiries and advise as to the National Post’s memberships or participation  

           in organizations that might govern the ethical conduct of Donna Laframboise at 

           the time of the article.

 

 

 

 

 

 

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           ANSWER:

 

           There are no such organizations.

 

           DATE ANSWERED: June 17, 2003

 

 

 

UNDERTAKING NO. 9

 

           Search records and advise if there was any policy or any written memorandum 

           reflecting the policy of performance reviews.

 

           ANSWER:

 

           A section of the employee handbook pertaining to performance reviews has been 

           supplied.

 

           DATE ANSWERED: June 17, 2003

 

 

UNDERTAKING NO.10

 

           Advise if before the trial the deponent acquires specific information as to the 

           serious harm to the professional and personal reputations of the corporate

           defendants or any employees incurred as a result of the conduct of Christensen

           complained of in the counterclaim

 

           ANSWER:

 

           We do not have specific information to this effect.

 

           DATE ANSWERED; June 17, 2003

 

 

UNDERTAKING NO. 11

 

           To the extent that undertakings of Donna Laframboise require inquiries of the

           National Post or information from the National Post that the Post will undertake

           to provide the information without the necessity of a formal request from Ms.

           Laframboise.

 

 

 

 

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           ANSWER:

 

           This has not come up.

 

           DATE ANSWERED: June 17, 2003

 

 

UNDERTAKING NO. 12

 

           Advise if there were changes to the article, for reasons other than legal reasons,

           after the final Iawyering, and to advise what those changes were.

 

           ANSWER:

 

           We are aware of no such changes.

 

           DATE ANSWERED: June 17, 2003

 

 

UNDERTAKING NO. 13

 

           Advise if there was any attempt to edit the article, subject to the claims of

           privilege.

          

           ANSWER:

 

           There are no surviving records or memories of the editing, apart from

           communications subject to privilege.

 

           DATE ANSWERED: June 17, 2003

 

 

UNDERTAKING NO. 14

 

           Apart from the changes in the article made by or made on the basis of legal

           advice, if any of the persons who reviewed Ms. Laframboise’s draft articles

           made any suggestions for changes.

 

           ANSWER:

 

           There are no surviving records or memories of such changes.

          

           DATE ANSWERED: June 17, 2003

 

 

-6-

 

UNDERTAKING NO. 15

 

           Make inquires and advise as to how it came about that the picture of Ms.

           Malenfant appeared in the article.

 

ANSWER:

 

           The only person mentioned in the article of whom we had a photograph was

           Louise Malenfant. It had been taken for another story and used before. A story of

           this length is generally accompanied by a photograph. But no specific memories

           remain of the choice of the photograph

 

DATE ANSWERED: June 17, 2003

 

 

UNDERTAKINGS UNDER ADVISEMENT

 

UNDERTAKING UNDER ADVISEMENT NO. I

 

           Produce any relevant correspondence if there has been a refusal on the part of

           the National Post to join or if it was kicked out, or if in anyway, there is some  

           explanation, some material that gives some explanation as to why the National

           Post is not a member of the Council

 

           ANSWER:

 

           Our response is still under advisement.

 

           DATE ANSWERED: June 17, 2003

 

 

UNDERTAKING UNDER ADVISEMENT NO.2

 

           Undertake to check your records and in particular to check Ms. Laframboise's 

           personnel file to determine whether there were performance reviews and provide

           them to my friend

 

           ANSWER:

 

           Our response is still under advisement.

 

           DATE ANSWERED: June 17, 2003

 

 

UNDERTAKING UNDER ADVISEMENT NO. 3

 

 

-7-

 

           Check to see if there is some reference to her performance in this article in her

performance review

 

           ANSWER:

 

Our response is still under advisement.

 

           DATE ANSWERED: June 17, 2003

 

 

UNDERTAKING UNDER ADVISEMENT NO. 4

 

Advise through your solicitor when these reviews were done and who did them even if they were informal oral reviews. And if it turns out that the reviews were oral if you make inquiry of whoever did the review as to their best recollection of what was in the reviews. Then provide that to my friend so he can determine whether there’s anything relevant?

 

ANSWER:

 

         Our response is still under advisement

 

         DATE ANSWERED: June 17, 2003