N.B. judge rules affidavits inadmissible in Irving case

A New Brunswick judge has thrown out affidavits meant to show the Irving media empire is using anti-competitive business practices to keep a former employee from starting a rival newspaper.

William Kenneth Langdon, former publisher of an Irving-owned weekly newspaper, filed the papers Thursday but Brunswick News Inc., owned by J.K. Irving, asked the Court of Queen's Bench on Friday to strike them from the record.

The affidavits were sworn by Ariane Whiting,a former employee of Irving's advertising flyer distribution company in Bathurst, and Gary Windsor, the owner of a flyer distribution business also in Bathurst.

Brunswick News lawyer Stephen Hutchison told Justice Peter Glennie that the affidavits contain extremely serious, unproven allegations that the company was engaging in anti-competitive business practices.

Hutchison characterized the affidavits as irrelevant, inflammatory and extremely prejudicial to the Irving company.

He also argued the documents should be removed from the court file because of the media attention they would receive.

Langdon's lawyer, Eugene (Pete) Mockler, argued that the case is all about Irving's business practices.

Langdon, who resigned as publisher of the Irving-owned Woodstock Bugle-Observer on Sept. 19, wants to start his own newspaper in Woodstock, called the Carleton Free Press.

Mockler said the company is effectively seeking a court-imposed order to prevent Langdon from competing.

Hearing continues Oct. 25

Hutchison replied that he's willing to acknowledge that Brunswick News uses non-competition agreements.

With that, Glennie ruled against the admissibility of the affidavits.

The hearing into whether to grant an injunction to prevent Langdon from entering into business with advertisers, customers or employees of his former newspaper will continue Oct. 25.

In the affidavit obtained by CBC, Whiting said that from December 2001 until July 2007 she worked with NB Distributors-Brunswick News as a manager.

In the affidavit, Whiting said that in June 2007 she gave notice to her supervisor Eric Lawson that she was resigning and going to work for Gary Windsor and his company, Info-Sac Distributors Inc.

"Mr. Eric Lawson stated to me that to work for Gary Windsor 'would be career suicide.' Mr. Lawson stated to me that they would do whatever it took to make sure that Gary Windsor's business did not get off the ground and would not survive," Whiting said in her affidavit.

Money, scholarship offered, Whiting claims

Whiting's affidavitsaid Maurice Aube, who replaced her at The Northern Light newspaper, told her that "he had a $1-million budget available to be utilized to put Gary Windsor out of business."

In the affidavit, Whiting said that on Aug. 2, 2007, Aube telephoned her and asked for a meeting to discuss her returning to work for the Irving organization.

"I informed him that I was not interested in meeting with him, at which time he offered me $10,000 just to meet with him," she said in the affidavit.

When Whiting refused the offer, she said she was then "offered the opportunity to return to school, all expenses paid, with no strings attached.

"I advised Mr. Aube that I would think about the offer, but never got back to him," she said in the affidavit.

Outside court Friday, Langdon's lawyer said he was disappointed with the ruling against use of the affidavits.

"It would seem to me that the competition issue arises because there's another newspaper that may open in Woodstock, in addition to the one that's there," Mockler said.

Langdon had this to say: "We'll get this behind us, and Thursday we'll start printing a paper."

A Brunswick News official responded to the allegations in the affidavits through the company's newspapers on Saturday.

Company vice-president Victor Mlodecki said the allegations by Whiting are false and completely without merit.

All English daily newspapers in New Brunswick are owned by Irving and its other entities, as are all of the weekly publications, with the exception of the Sackville Tribune and St. Croix Courier, and some radio stations.