ONTAFJA

Superior Court of Jrstice PIaintiffs Chim

F{m! 7A OriL Reg- }lo-: 58lS
London SC20000004960000
Srmil Cfairs Conrt Cfain nb.
80 Dundas Street
Seal London, Ontario NsX 1CG
Address

519-660-3000
Electronically issued: 2020/04/27
Plmne nwrter
Délivré par voie électronique:
London
PhinfifrNo- t [l naOftnalplaffis)IsbdsrffircdFormlA fl UnOerlSyearsdage.
lest narE, a nane of orpany
Hiqhwav Motors lnc
Ff,st[rffiE Semrd nrrrc Abolcmnas

Affiess rrnterr apt-" rnf)

(sfreea
1473 Dundas Street E
Citylfown Provinoe Phone no-
London Ontario 519457-3523
Postal code Fax no.
NsW 388
neereeril*ilrc L,sr.Ef
Wendy Cavacas - Matterc in Law Paraleqal Services P12374
Atress (sfred ilm$er, Ct-, rrfg
1531 Stonevbrook Cres
Cityrliln ProYince }-?IONE no-

London Ontario 519-204-0069

Postal code Fax no.
NsX 1C6 226-270-0372
Defendant!,1o.1 I naOiti.r""f de{enrlan(s} listed on atlacH Form 1A I U,tO* 18 years of age-
Ld rsre, or rssc of oryoly
Goble
Fsstnane Secord nare Also knwn as
Trevor
Addess (street nur$er,4-, wUD

2-300 lttloffat Street

City/Torn Province Phone no.
Pembroke Ontario 613-602-1329
Po#lcode Fano.
K8A 3X5
negreserfe*e lS[.E#

AEress (steet nrtSer, #", rn*)

City/Torn Province Phone no.

Posfial code Fdno-

Les fumruls des bibunau( sont atrchees en anglais et en frangais sur le site
www.ontariocourtforms.on.ca. Msitez e
site pour des renseignements sur des
formats accessibles.
SCR 7.01-7A (November 1, 2016) CSD Goniinued on next page
 ONTARIO SC20000004960000
Superior Court of Justice PAGE IA Additional Parties
Fom iAOnt Reg. llo-:258198

Claim No-

I Pta*ntifil{o. 2 I [r*16ant ]lo.

Last name, or nafile of company
Auto Focus Canada lnc.
Fist nanc Seaqd nane Abolswn6
AEess (steet unter, +, tgtl)
1473 Dundas Street E
CitylTown Province Phone no.
London Ontario 519-457-3523
Fo6td Godc Farre-
NsW'tC6
nepreser*aire tst.Et
Wendy Cavacas - Matters in Law Paraleqal Seryices
Address (street number, apt, unit)

C,*yrfoln Rwirce Phone no.

Mcode Farp-

tr Ptainffixo- 3 I tlefienrlantilo-
Ldntre, orareof orrpry
Wriqht
First nanrc Sesd rsnc Abokffiias
Randv
Address (street number, apt., unit)
1473 Dundas Street E
C$fon Pruvie Plueno-
London Ontario 5194s7-3523
Po#lcode Farp-
NsW 1C6
Representative rsuc#
Wendv Cavacas - illatters in Law Paraleqal Services
Afrss(ffinntu,apt" ug
Ceyflfrrt Province Pfurc rn-

Postal code Fax no-

tr Puirfifflb. fl l)*rert!ao-
last nanc, c nrrrc d canpryr

First name Second name Aho knorn as

Ad*ess (steet rrrr$er, apt-, txi)

Cily/Town kouir PtuE no-

Postal cde Fax no.

nepresentatie tsuc*
Adeess (sfred rlrrSer, ilt-" rr0
CitylTorn Province Phone no.

Postal code Fano-

SCR 1.05-1A (January 23, 2014) CSD

-o
FORII TA PAGE 2 SC20000004960000
Clain ilo-
.
REASOTS FORCLAI AU' I'ETA[.S
Explain what happned, including ufiere and when. Then erplain horv mucfi rnoney you are daiming orwhat
goods you want refirrEd-
lf you are r€{yng trr antr dmsrcnts, yon IIST;*tacfi 6;*:s b tte c&*n- lf evilsre b H or unar#b, yon
IEf elqttah wfry il b nd ;laeied-

mtatnappencOe Pbase see attached Schedule "A"

Hlerc?
When?

SCR 7.01-7A (Norember 1, 2016) GSD Corfimred or n€xtpagp

FORM 7A PAGE 3
Clain No.
SC20000004960000

13ory much? 35,000.00

(Pri*itdanrffi*tcO)

tr ADDITpT{AL PAGES ARE ATTACHED BEGAUSE TORE ROOI wAS HEEDED.

The p&aintitr abo clairrs fe{r&ns* tuffi frsn Ap4t Z1r4?9

(D#)
unden

(crrxg(qty El tre Cor,rrtsotJusticeAct

oeDor)
[ an ag]eemeiltatthe rate of Toperyar
and postjrdgnurt irerg, and court e6-

Prepared on: April 27 _,2A (Sfun*re cf plaltr s reprEscrilafiue)

lssued on: ,20

(Siigmatreof #<)

CAUTKXII TO lF Y(X.l DO t{{,T FILE A I)EF=I*CE {Fonn 9A} trd an Affidavit d Servtue {Fum ffi} wiffr
tlEFEt{DAItlT: the caurt within twenty {2O) *dar drys afu you have been senred *isl fib Plaintiffs
C&amq jrrdgrert mry be obtdned withant ndice and enfiorced 4airtyor- Farns and seF
help rnaterials are avai*able at the Srnafl Clairns Court and on the fiollowing website:
www. onta riocou rtforms. on. ca-

TO Unls the cq$t orders or the rules prwrtIe o&erwise, Tftr; AGTPT{ WILL BE
PARTIES: AUTOTATICALLY DISilISSED if it hs not been dlspmd of by order or otherwtse two (2)
yas afur it was srrnenoed and a tid dde or rcessnsil under subrule 11-03{2} tt6
not been requested.

E For i*fomation on affiibikty of sourt servire fior

people with disability+elated needs, contact
Telephorc: filffiffiZE$, 1+{XHr8-7901 TTY: 416€&{1112 I l$n4z$/Hfl5
SCR 7.01-7A {t'larember 1, 2016) GSD
 SC20000004960000
ONTARIO
Suprior Court of Justiee
Iondon Small Claims Court

BETWEEN:

Higlrvay Motors Inc; Auto Focus Canada Inc; RandyWright

Plaintift

-and-

TrevorGoble
Defendant

SCHEI,UIT'ff

CIIUM

t. The Plaintiffs claim against the Defendant the following:

a) Damages for intenticnal or negligent inffiction of mental suffering and defamation in

fte amormt of S30,fiXl.fi);

b) Special damages in an amount to be determined with particulars provided prior to

triat

c) Aggravated, exemplary and or punitive damages in the amount of $15,000.00;

d) Apermanentiniundion reslrainingthe defendantor.mypersonacting on behalf of

the defendant from publishing, posting or reposdng the libel complained of or other
ommunications defamatory of the plaintift;

eJ Pre-judgment and post-iudgment interest on these amounts in accordance with the

Courts of fustice Acf, RS.O. L9fn, C 43 as amended;

I
a
I
 SC20000004960000
0 Costs of this action on a substantial indemnitybasis, togetherwith the applicable
Goods and Services tax thereon in accordance with the Excis Tsx Act, RS.C.1985, C-

E-15, as amended;

gl Such further and other relief as counsel may advise and this Honourable Court

deems jusf, and

h) The Plaintiffattorns any amountwhich exceeds the jurisdiction of the Small Claims
CourE

PARTIES

2. The Plaintiff, Highway Motors Inc. (herein referred to as "HM" or as the "Plaintiff') is
an Onario Corporation operatingas an automotive pre'owned dealership, in or
around the Gtyof London in the Pmvinre of Ontario.

3. The Plaintiff, Auto Focus Canada Inc. fherein referred to as "AFC" or as the
"Plaintiffl is an Ontario Corporation operating as automotiye finance, in or around

the City of London in the Province of Ontario.

4. The Plaintiff, Randy Wright [herein referred to as "Wright" or as the "Plaintiff'J is an

individual living i* the City of London in the Province of Ontario.

5. Trevor Goble [herein referred to as "Goble" or as the "Defendant") is an individual

living in the City of Pembroke in the Provitce of Ontario.

THE CIIUM

6. The Plaintift plmd within the claim on dre basis tbatthe Defendantmaliciouslyand
recklessly published knowingly false libelous content, false statements of fact, and
false innuendo.
 SC20000004960000

ISSUES THAT GIVE RISE TO THE CIIUM

7 - On April 19,2O2O, tte Defendant published on the publicty accssible website

statements with respect to the Plaintiffs at:
http:// www. htrys://www-ripofuportcom/reoort/highway-motors-auto-
focusfl ondon-ontario-london-claimed-14942 2 3 under &e tide:

'HIGHWAY MOTORS & AUTO FOCUS CANADA (RANDY

WRIGHT) Highway Motors, Auto Focus Canada, Randy Wright
London Ontario Canada Claimed Funds not Owed to them,
Suing for unpaid balance after issuing financial release,
Damage my Credit London Ontario"

8. The publiation of April L9,2A20, referred to above, was republished with updates on
April20, with the same headline and caption.

9- The above.noted publication further state&

"I amworking on rebuilding my creditso I purchased a carfrom Highway Motors and

wasfmancedby Auto Focus Canadawhich is als owd by RandyWright (natlaown at

the time)- The mr was kqd and was writtun affby dw insrrz.nce ctomryny and Randlt
Wrightwas paid by the insurance company. I had an unused GlobalWarranty and I
filed o clafun as the camparry had a promted refund paliq. tr then pwrchased a
replarementyehide and. thkvehide had a hast of isnr.cs induding at,nsnfisio4 braka
along with a host of other problems.
I contactedthe dmler ond he providd arepairlaan butdelayedthepaymentto the
garage ruulting in the mr fu p*d for 30 days After I colld the dmler and simply
cancelled the agreement and with some relunctance he agreed to take the vehicle back
and issued a completefinanciol rdease $an 2& 202$)
I contoctd Gloful Wartangt about my daim and was atvisrd fiat Randy Wright was
issued a cheque. When I called Mr. Wright I was told itwos appliedfor past due owed on
 SC20000004960000
the first car despite he was paid by the insurance company and the contingency
insumnce purchosed- Mr. Wright stated itwasfar the balance owd on the secand
vehicleforwhichhe isued sfinancial rclu* and oll paymenwwere up to date-
I threaten to sue him for the return of the money. Then he files a small claims action
against me clatming the fuIonce af vehicle, the repair lom,n and f25A0 in towing charges
all afar the financial rclwwwse rsued He ttlen riolntinued to place nqative remarla
and liens on my credit bureau. I have filed my complaintwith Equifax and TransUnion

and thry are in t*eprow af correcting theisae-

Y6, a counter suit is fuW fild- Thrs- man is NOT hon6x Hk word k mwntnglx and
he doesn't deliver on any of his promises. His safeties are substondard in some cases and

cloims the saf*ies src valid though theissues lil<e ftrakw} are p* of a ffifety. In any
arcnL.I re,srmmend not daling with this rcmpny. Initiol$6 I drottght dtEl were
awesome until I got the second vehicle with a myriad of issues and he chose not to
properly deal with the problems.
He even sid 'I un't fuIieve you rufrtrnd the vehicle with th* irsnes-almosf dirywstd
I exercised my right to cancel the contract under consumer laws. He doesn't like u be

chollenged and he will antarganix and putyoa down by statinig you're on idiat and then
proceed to blockyou fum wntod hitrt-

10. The publication clearly states "this vehicle had a host af issues including transmission,
braks along wit* a host af other prcblemsl This is a false and liklous statement

11. The publication further states that (the Plainaff )"delayed the payment to the garage
rwnlting in the car be p*edfor 3$ days'. This is a fur&er fulse and libelous
statement

LZ-The publication goes on to state: "He then continued ta place negative remarks and
liens an my credit bureant-- This is a further False and libelous statemenl

13. The publication states: "This man is NOT honest".

 SC20000004960000
14. This statement is intended to incite a reaction from the reader and encourage further
promotion of the libelous publication-

15. The Defendantgoes on to furtherpublish: "Hisword is meaningless ond he doesn't

deliver on any of his promises-Thls is a false and libelous statemenl

16. The Defendant further publishes; 'His safeties are substnndard in some cases and
ftraka) are part of a wfety. In any
claims the safetix are valid though fJre fssnes like
evenL..I recommend notdffilingwiththismmpny.-This sEtementis hlse,libelous,
has no basis of fact, ending with blatant and malicious suggestion not to do business
withthe Plaintiff.

L7 .The Defendant further publishes the following: "lni.tially, I thought they were awesome
until I got the secand vehicle witlt s myriad of isues and he chose not to praperly deal
with the problems-This is a ftlse, misleading and libelaus statemenl

18. The Defendant further goes on to publish:"He even said "l can't believeyou returned
the vehicle with these issues- clmost diryusted I anercised my right to cancel the
cantmctunder consumer laws- This statement is not based on fact, is hlse and
libelous.

19. The Defendant conclude in defaming the Plaintiffs ctaracter with the following
statement "He doesn't like to be challenged and he will antagonise ond putyou down by
stating you're an idiat and then praceed n blockyau from cantact him--This statement
is false, misleadingand libelous.

NOTICE OF DEFAMATION

20. The Defendantms provided wi& a notice of defamation on Aprit 21,2020-

 SC20000004960000

DEFAJI{ATION

27.The Plaintiffs plead and rely on the natural and ordinary meaning of the words used
in the Online Publications which are prima facie defarnatory and false.

22.The Plaintiffs by expressed terms and innuendo were depicted as dishonest,

antagonistic, evasive, disinterested, uncaring and vindictive-

23. The implications made by the Defendant would suggest that the plaintiffsells vehicles
with irnproper safeties, attempts to collect on loans where there are no monies owed,
is not a man of hls word, and does not adhere to or rwpect tre laws which govem
good business practice.

24-The publication was authored by Goble with the intent to reach 3s rnany people as
possible in an on-line arena which would directly impact his reputation and his
business.

25. The statements were made on a website lcrown as "Rip offReport', which in its own
name sugests that the Plaindft will rip-offconsumers-

26.Goble is liable for the damages caused to the Plaintiffs.

27, Hone of the shtements made byGoble as described inthis pladingwere madewith
any privilege nor were any made as fair comment with respect to the Plaintiffs.

CAUSES OFACTIOI{

Intentional and or Negligent Infliction of Mental Suffering

 SC20000004960000

28. The acts of Goble described above were calculated to intentionally cause harm to the
Plaintiffs.

29. Goble acted with reckless disregard as to whether or not the Plaintiffs would be

harmed by his actions and vrith regards to the truth of the statements made about the
Plaintiffs.

30. The Plaintiffs plead and rely upon the facts stated in the paragraphs above to provide
further particulars to ground their causes of action in lntentional and or Negligent
Infliction of Mental Suffering

Defamation

31. At all material times itrvas within the knowledge of Sre Defendant that the Online
Publications were not substantiated by the facts or evidence and they were reckless
and or acted with malicious intent as to whether the words used with respect to the
Plaintffi were uue or false wtren thry published them to nunnerous ddrd parties
including the public.

32.Thewords used by&e Defundantwi& rwpectto the Plaintiffsvvere defamatoryin

their natural and ordinary meaning. Further, the innuendo arising from such words is
that the Plaintiffs do not operate a proper or ethical business This is a false and
def;amatory statement

Harm Inflicted

33. Thse labels have harmed the Plaintiffs repubtions and caused ach to suffer loss of
business and for the Plaintiff, Wright specifically to suffer severe mental distress,
particulars of which include but are not limited to:
 SC20000004960000
i. potentially cost the business professional associations;
it subjecred them to suspicion;
iii subiectedthemtoridianle;
vi. mental disffess and humiliation;
vii. the loss of staurs and standing in the community;
yiit loss of staUrs and standing in the general automotive communityry

ix suffered and continues to suffer severe psychological impairrrent and

:c suffered and continues to suffersevere emotional impainnenl

34. The damages suffered by the Plaintiffs are all consequences which the Defendant

intende{lmew, or oughtto have lsrown, would resrltfrom theirwrcngfuI conducL

Malice

35. The Defendant posted the defamatory words in retaliation after he was served witr a
Plaintiffs Claim to recover monies owed to AFC.

36. A,fter numerous requests to remoye &e on-line pmg the llefendart refused by sbting:
"I am not removing it {even if I could which I can't)".

PunitiYe namages

37. The Plaintiffs claim that the Defendant acted with bad faith, in a high-handed,
malicious, oppressive, ouEiageous, uranton and recHess manneL as described herein
this claim, which cnnstiUrtes a markd deparure ftom the ordinary standads of
decent behaviour and a reckless disregard for the truth.

3S.Accordingly, &e Plaintitrpleads&atthis isan appropriaecase forpunitive,

aggravated and or exemplary damages. In particular, and without limiting the
generality of the foregoing ttese actions include the following:
 SC20000004960000
[i) there is a persistent, wilful and repeated pattern of publishing known falsehood;

(ii) a continued attempt at sharacter assessination;

(iiiJ a systematic dissemination of the false publications;

tiv) publishirg statements with recldess indifferencetoreftethertheyare b:ue or

not;

[v) lmowingly misleadingthe publicbyfailingto fairly present inaccuracies and

contradictions in the evidence collected about the Plaintiffs;

[vi] lorowingly mlsleading the public by failing to mal(e rrepresentations based on

all the information collected including inforrnation drat was lqtown to dre
Defendantto be false atthe time of publication;

[vii] knowingly arriving at unreasonaHe condusions about the Plairtift and

publishing statements of fact to third parties, based upon speculation,
unreasonable inferences, and relying on inagcurate information from unreliable
sourtes instead of evidenae;

fviii) knowingly arriving at unreasonable conclusions about the Plaintiffs without

making any reasonable effort to canfim that *le facts of their publications
were accurate with respect to the Plaintift;

[ixJ in committing the acts of intentional and or negligent infliction of mental

suffering and defamation, as ailqged herein, the Defendant Imew that he was
actingudawfufiy. Thathe, atall times actedwith the predominate purpose of
gaining monetarJr profit and for injuring the Plaintiffs.

@ Refusingto properlymrrect rehactordiscontinue publication of the frlse and

defamatory statements plead herein.

39. The Plaindft plad and r',el5r upon:

 SC20000004960000
aJ Libel and Slander Act RS.O. L990, Chapter L.LZ as amended;
b) Consumer Protection Acq S-O- 2fJ{J,2, c- 30, Sched- A;
c) (hrio Rquladon lT l0s,Ontario Rqulation 8/18;
dJ NegligenceAct, RS.O. 1990, c. N. L, as amended;

e) Rules of Small Claims CourL O- Reg 2591984

0 C,ourts ofJustiaeArt RS.O. e 43,as amendd; and

gl Rules of Civil Procedure, RRO- L99O, Regulation 194, as amended

April2T,ZOZO

Matters in Law Paralegal Services

1531 StoneybrookCres
[,ondon, Ontario NSX 1C6
WendyCavacas
tel: 519-204-0069
tax;,22G27O-O372
Paralegal for the Plaintitr