It may be a legal first; a statement of claim posted on Facebook before the defendant is even served.
The document filed by the operators of the Bank Nightklub in downtown Windsor first appeared on Facebook Tuesday night. As of Thursday, the lawyer representing the property company named in the dispute has yet to be served.
"It came across my personal Facebook page. I received it around 8pm on Tuesday night," says Adam Paglione. "I reached out to some of my favourite legal and lawyer followers on Twitter as a message (asking) has anybody seen this before, and I've had a couple of responses back. I think it's a first."
The claim demands $600,000 in damages and alleges the plaintiff suffered irreparable harm to its reputation when the nightclub failed to open in time for its New Year's Eve party. The operators had sold 400 tickets for the event and patrons were left lining up in the cold outside a club that never opened. It also accuses the landlord of attempting to extort the tenants.
The claims haven't been proven in court.
Paglione says posting the legal document online was "foolish" and suggests it may affect the outcome.
"A big part of litigation is negotiation," he says. "But, when you have a claim that gets circulated and goes somewhat viral on social media, all that it does is fuel the fire. Any chance of negotiations goes out the window."
Paglione says his client is considering a countersuit for rental arrears, about $120,000.
BlackburnNews.com contacted the lawyer representing the plaintiffs in the case, but Greg Wrigglesworth had no comment. However, the Bank Nightklub issued this statement on its Facebook page January 1:
"Despite tirelessly making every effort possible, The Bank Nightclub was unable to open for our New Years Eve Gala. Although the Bank's management team was repeatedly advised by the landlord that access to the property would be granted, the landlord improperly denied access to the premises moments before the scheduled 10pm opening time. Upon receiving this information and in the absence of any alternative, the celebration was cancelled, and all ticket sales were immediately refunded. We have referred the matter to our lawyers in order to pursue all legal remedies available, and we have been advised not to make further comment while the matter is before the courts."