VMS Ventures traces "tamerackerdown" to Manitoba
2012-11-22 13:28 ET - Street Wire
by Mike Caswell
VMS Ventures Inc. has traced Stockhouse user "tamerackerdown," who the company is pursuing over defamatory posts, to Manitoba. In a petition filed in the Supreme Court of British Columbia on Nov. 15, 2012, the company has asked for a court order that would instruct Manitoba Telecom Services Inc. to reveal the user's real name. VMS says that tamerackerdown posted messages, using a Manitoba Telecom account, that accused insiders of "looking after their future salaries" and of having no concern for shareholders.
VMS has been pursuing tamerackerdown's real name since Aug. 31, 2012, when it went to court to have Stockhouse reveal his IP address. The company complained that he had posted obviously defamatory material, and said it had no practical way to identify him. A judge granted that request on Sept. 5, 2012.
In its current petition, VMS says that the IP address it received from Stockhouse belongs to a Manitoba Telecom account. The company is asking that the court once again assist by ordering Manitoba Telecom to provide the name of the account holder. If a judge grants that request, the company would then be in a position to sue over the posts.
The matter is scheduled to go before a judge on Friday, Nov. 23.
The posts that VMS complains of appeared between February and May, 2012, and are described in an affidavit by the company's president, John Roozendaal.
| VMS VENTURES |
| VMS president John Roozendaal |
One of the messages, dated May 9, 2012, stated: "What a joke, the VMS shareholders that are left holding the bag should be very pi-s-d at these guys they call management. VERY, VERY PATHETIC ... ." Another post, dated May 8, 2012, read, "They used to be an exploration Jr. Co. but now I'm really not sure what we could call them, Approx 9 million in the bank to pay managements exorbant Salaries for the next couple years anyways." The post then said the company could do some drilling, "But they better be careful with thier cash or some of them might have to go out and get a real job."
Another post, dated Feb. 18, 2012, stated, "Don't kid yourselves these guys are not in thier to increase the size of your wallet, they are looking after thier future salaries and this move pretty well proves that point."
VMS claimed that the posts left readers with the impression the company was incompetently managed, worthless and that management was not acting in the best interest of shareholders. VMS also complained that the posts were freely available on the Internet for anybody to read. (The posts are no longer available on Stockhouse, the site having deleted them at VMS's request.)
VMS is represented in the case by Vancouver lawyer Andrew Aguilar