The former operator of a now-defunct Caledonia discussion board agreed, before a Small Claims Court judge in Hamilton yesterday, to pay CANACE co-founder/Executive Director Gary McHale a total of $3,750 in 25 monthly installments and to provide a written apology [image, right] for defamatory statements which he allowed to be posted on his board.
Mike Burgess was facing three separate Small Claims Court actions seeking a total of $30,000 for allowing false allegations to be published that claimed – among other things – that Mr. McHale and his associates were white supremacists and/or associated with white supremacist groups.
Sept, 10, 2009
I, Mike Burgess, past administrator of the Caledonia Cafe Message Board, issue this apology to Gary McHale for various posts on my board which defamed him.
I am unaware of any evidence that Gary McHale or members of his group have ever shouted out ‘White Power’ or similar types of words. I am unaware of any evidence that Gary McHale or members of his group are associated with any white supremacist groups or have ever invited any white supremacists to any rally.
Furthermore, various posts on my board that linked Mr. McHale to any crimes outside of the one he has been charged with are unfounded. I am unaware of any evidence that he had caused any violence to have occurred or desires to have any violence occur.
Finally, I wish to state that Mr. McHale has every right, like any other Canadian, to publicly take up any cause he wants. I apologize without any reservation for any harm caused by my board to Mr. McHale’s reputation.
[Signed] Mike Burgess
The settlement was arrived at the judge’s suggestion after he ruled the actions could proceed, thereby denying Mr. Burgess’s assertion that they had been abandoned by Mr. McHale. Mr. Burgess had failed to honour a previous tentative out-of-court agreement made with Mr. McHale in 2008 which is why the new agreement was signed before the judge.
If Mr. Burgess does not pay as required under the settlement Mr. McHale can return to court and seek a default judgement and begin enforcment proceedings.








