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SpierHarben.com as at January 2007
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I chose to tell my story here only as a last resort. If not for these pages my voice would never be heard. SCROLL DOWN TO READ MORE

A number of years ago I became embroiled in a legal battle. The nature of the suit is not relevant here but for the sake of clarity I\'ll advise that  I initiated a lawsuit in the courts of Alberta as the plaintiff in what was a civil matter. I was represented in that matter by attorney Timothy J.Boyle working out of the offices of Spier Harben, in Calgary Alberta.


JUSTICE DELAYED IS JUSTICE DENIED

My fight to gain access to the courts went on for the better part of a decade. No ones complaint should ever take so long to be heard! Justice delayed, is justice denied.

My case limped along seemingly forever. Year past upon year and my every attempt to gain access to the courts was frustrated. Undaunted by the delays I persevered in requesting that my lawyer Timothy J. Boyle, continue to move things forward. Close to eight years past and I FINALLY got my court date, and then on the virtual eve of the trial, perhaps two weeks before it was to begin, my lawyer, Timothy J. Boyle, working out of the offices of Spier Harben, withdrew his services. He quit. The withdrawal of his services so close to the trial caused me grave emotional and financial distress and I had to scramble to retain new counsel in order to make my appearance at the scheduled upcoming trial. Trying to find a lawyer to pick up a case that\'s been lingering around for years is no easy task. To make matters worse Tim Boyle for reasons known only to himself did nothing to assist me in finding a new lawyer and despite my requests failed to make my case file available to me. By abandoning me on the virtual eve of my trial Tim Boyle put me in a very awkward predicament thereby destroying my faith and belief in the notion of justice for all and erroding my faith in the legal profession.



RELATIONSHIPS ARE FOREVER

Even though Tim Boyle quit as my lawyer seems my relationship with Spier Harben is not quite over. Shortly after purchasing the domain  and publishing my intentions for its use I was contacted by Max Blitt, a lawyer representing Spier Harben indicating he was not pleased with the site. I can commiserate with Max. I can relate, I mean after all I know a thing or two about what it means to be dissatisfied. Here is the email I  received from Max Blitt



From: Max Blitt [mailto:mblitt@spierharben.com]
Sent: January 5, 2007 8:35 AM
To: dcera@shaw.ca
Subject: Re: Spierharbensucks.com
Importance: High


Dear Sir:


Our office has confirmed that you created the above domain name on October 8, 2006. It is defamatory of our office, and has likely caused financial loss to our firm. This is formal notice to you to withdraw the domain name, cease and desist from using it immediately. If the domain name has not been withdrawn within 24 hours, our office will take immediate legal proceedings against you, which will include an injunction and damages. This is your opportunity to avoid costly and embarrassing legal proceedings.


Yours faithfully,


Max Blitt

Spier Harben

Barristers & Solicitors

#1400, 707-7th Avenue S.W.

Calgary,Alberta

Canada T2P 3H6

phone (403)263- 5130

fax (403)264-9600




Max started the email off really nicely I thought, addressing me as Sir. Usually only the guys at the gas station and 7-11 call me Sir. Unfortunately, any warm fuzzies generated by the salutation were short lived as things went downhill pretty quickly from there as you can see from the email. Gotta give some kudos to Max though who to his credit tried to end the email on a high note by presenting me with an opportunity; the \"opportunity to avoid costly and embarrassing legal proceedings.\" Again, gotta give credit where credit is due; Max is an astute man, it was pure genius on his part to speak to me in a way that he knew I\'d readily be able to relate to. Given my personal experiences with Tim Boyle the idea of costly and embarrassing legal proceedings hit pretty close to home. 

I didn\'t see Max\'s email straight away. In fact it was a couple of days after he sent it to me that I first saw it so by then I had missed the 24 hour timeline he had given for taking the site offline. By that time, there was a second email from Max in my inbox which read,


From: Max Blitt [mailto:mblitt@spierharben.com]
Sent: January 7, 2007 3:14 PM
To: dcera@shaw.ca
Subject: Re: Spierharbensucks.com

Dear Sir:

You have chosen to ignore our request to remove the defamatory website that you have created. I can assure you that we intend to pursue every available amount of damages against you. In addition an injunction application will be sought immediately.


Max Blitt
Spier Harben
Barristers & Solicitors
#1400, 707-7th Avenue S.W.
Calgary,Alberta
Canada T2P 3H6
phone (403)263- 5130
fax (403)264-9600



Although the emails from Max came two days apart I saw them both at the same time. I didn\'t check my email for a day or two and thus saw them virtually simultaneously. Like I said before, I\'m not unsympathetic and can understand that Max may not entirely relish the notion that someone might use a site to say nasty things about Tim Boyle or Max Blitt or anyone else at Spier Harben for that matter but to call the site defamatory was and is a gross misstatement. However, in deference to his concerns I emailed Max back immediately:


From: Dan Cera [mailto:dcera@shaw.ca
Sent: January 8, 2007 12:26 AM
To: \'Max Blitt\'
Subject: RE: Spierharbensucks.com

Mr. Blitt:

Thank you for your email. I apologize for not responding more promptly however I have been dealing with other matters and just learned of your email.

It is unclear to me exactly how the content published on the page located at http://www.spierharbensucks.coms could be considered as being defamatory to your office however I am sensitive to your concern. Should you care to explain which part of the page you find offensive and upon what basis you rely to conclude that it is defamatory, I would, in the presence of compelling evidence redact any defamatory content.

I am sure you remember as a former client of your firm and from our prior telephonic conversations in which I expressed a personal dissatisfaction with the treatment and services provided me by your office. I believe the last time we spoke you informed me to \"get a lawyer\" after I had expressed my concerns and further recall your refusal to refer me to one when asked.

As a consumer of services in general and as a consumer of legal services in this instance I believe I retain the right to express my satisfaction or dissatisfaction in the services provided to me in any way I so choose provided it is legal. There is no misrepresentation of fact contained on the page at issue so I am confused as to what it is on the page that you object to. Please clarify that and I will take immediate corrective action to remove any content which is not in compliance with the law. Until then, the site will remain active and content will continue to be added in time. 

For the record, it is my position that the webpage is and will only be used in good faith in association with non-commercial activity including without limitation news reporting, criticism and review; uses which I believe I have rights in under the law. Again, should you see things differently, please let me know.

Please feel free to call or write should you have any further concerns.


Yours,

Name and phone number provided


Apparently Max Blitt did not consider my offer to work with him in addressing any concerns he may have with respect to the content on SPIERHARBENSUCKS.COM as instead of contacting me to work on the problem Max followed up by having a Cease and Desist demand hand delivered to me at my home. He sent a copy to the domain name registrar at the time as well. I\'ll scan the C&D and corresponding email exchanges I had with the then registrar at a later date. Anyway I got the C&D with more threats of legal action but no indication from Max as to what if anything I was saying on this page was libelous or defamatory. The one thing I did get out of the Max blitz, three contacts in a very short period of time, was that lawyers are in fact capable of working quickly when they want to. My case dragged on for most of a decade. Months and months would go by without any word, mail or correspondence of any kind from Tom Boyle at the offices of Spier Harben. All of a sudden I get two emails and a C&D in a week! If I had gotten that kind of attention and service from Tim Boyle I\'d probably not be writing this.


FAST FORWARD FEW FOUR YEARS

Despite having more than three years to respond to my request for clarification as to what part of SPIERHARBENSUCKS.COM Max Blitt found to be libelous or defamatory and failing to do so, and despite the fact that the legal actions threatened by Max Blitt and or Spier Harben were never initiated during that period of time I was absolutely incensed to learn that Max Blitt had AGAIN contacted the registrar of record for the SPIERHARBENSUCKS.COM domain name THREATENING to SUE THEM in connection with MY USE of the domain name. Here is the email....remember the last time I heard from these guys was three years ago and they contacted the then registrar too!!

----------------------------------------------------------------------------------------------------------------------------------------
-----Original Message-----
From: mblitt@spierharben.com
To: support@bbbbbbbbbbb  
CC: asattin@spierharben.; bspier@spierharben.; dprasow@spierharben.com;
dcurle@spierharben.com; tjboyle1@me.com; nbreed@spier
Sent: Thu, 3 Jun 2010 17:51:14 -0600
Subject: Re: Website -
Spierharbensucks.com------------------------------------------URGENT--------
----------------------------------

Dear Sirs:

The writer represents the law firm of Spier Harben.
We have noted that you are the registrar for www.spierharbensucks.com
.

This is to put you on formal notice, that if this defamatory website is not
removed within 24 hours, we shall commence legal proceedings against you in
Brisbane, Australia and in any other jurisdiction that the website appears.
We will seek punitive and exemplary damages, as this website has caused
significant damage to my clients\' reputation.

Kindly acknowledge receipt of this email, and that you will take the
appropriate steps as required.

Yours faithfully,

Max Blitt
Spier Harben
Barristers & Solicitors
#1400, 707-7th Avenue S.W.
Calgary,Alberta
Canada T2P 3H6
phone (403)263- 5130
fax (403)264-9600

------------------------------------------------------------------------------------------------------------------------------------

The above email basically constitutes the fifth demand sent out by Blitt and or Spier Harben in respect of the domain name since 2007 He emailed me twice in 2007. I was personally served with a C&D in 2007 a copy of which was sent to the registrar or record at that time and now in 2010 he has threatened the current registrar of record for the domain name with legal action. This is inappropriate in a number of levels. First  of all the registrar of record for SPIERHARBENSUCKS.COM is no more responsible for what I have done with the domain name than they are for global warming. They have absolutely nothing to do with my use of the domain name, nor are they in the best position to determine whether what I am doing with the domain name is appropriate or not. As lawyers I would have thought that Blitt, Boyle and the gang at Spier Harben would be cognizant of the fact that the domain name registrar is not responsible for the content published on personal websites. On another level I find their triennial assaults on my use of the domain name harassing and this is got to stop.

As I said its been over three years since I\'ve heard from these guys. I seldom thought of them anymore. The wounds I suffered that led to all of this I thought had healed. Max Blitt just reopened the wound again. Its time to rethink, revisit, and resolve this once and for all.

Mr. Blitt, the registrar of spierharbensucks.com is not responsible for this site or its content. I am. You know who I am, where I am and how I can be reached and or served should you prefer. If you want to get in touch with me you can email me directly at TIM BOYLE at SPIERHARBENSUCKS.COM . Once again I would ask that you let me know what specific issues you have with spierharbensucks.com so that we might discuss them. I would also ask if you would be so kind to please remind Tim Boyle of my written request that he release my file along with any reports and transcripts paid for by me which are as you know my property. Despite my numerous requests and direction from the Alberta Law Society advising him of his responsibility to prvide it to me for reasons only known to himself Tim Boyle never did in fact provide me with my file. How a lawyer can dump a client on the verge of a day in court that he waited the better part of a decade to have is beyond me. How he could expect that clients case not to be prejudiced without him having is own file is even more baffling but fortunately for me I don\'t have to answer  those questions. So far neither has Tim. I predict that\'s about to change. I am not a lawyer but I think it would only be reasonable to assume that a guy who is heading into a trial would be better off having his file with him as opposed to not. Hey I\'ve been wrong before, like the time I chose the wrong lawyer! Anyways in anticipation of what I believe the future holds, probably best for Tim to finally give me my files. I thank you for asking him for me in advance.

MUCH MUCH MORE TO COME I\'m sure......including a BRAND NEW WEBSITE