A legal representative for two podcast hosts petitioned a judge on Wednesday to nullify a contempt citation and a court order that facilitated the search of their residences the previous year. The lawyer, Craig Alcock, standing for podcasters David Wallace and James DiFiore, contended that the evidence provided by Sandy Edmonstone, a former Alberta Health Services board member, alleging harassment and intimidation, was insufficient.
Alcock argued that due to these deficiencies and other factors, the information confiscated during the search should remain confidential. Edmonstone claimed in court documents that the alleged campaign of harassment and intimidation was intended to deter him from testifying in a wrongful dismissal lawsuit involving Athana Mentzelopoulos, the former AHS head.
Mentzelopoulos also accused the podcast hosts of harassment and intimidation, seeking their contempt of court. However, the hearing for Mentzelopoulos’s application before Court of King’s Bench Justice Michael Lema was postponed. Last year, Lema authorized an Anton Piller order to conduct an unannounced search at the homes of DiFiore and Wallace, seizing various electronic devices.
Alcock characterized the Anton Piller order as a severe legal measure, emphasizing that expressing opinions on a podcast, even if controversial, should not warrant such extreme actions like contempt and Anton Piller orders. He argued that the basis for the order was hearsay and focused on defamation rather than contempt.
On the contrary, Jordan Bierkos, representing Edmonstone, contended that the podcasters’ statements went beyond commentary, citing remarks indicating a desire to disrupt and harm individuals involved in what was termed a conspiracy. Bierkos defended the use of the Anton Piller order, emphasizing its appropriate implementation under court supervision.
Judge Lema is expected to deliver a verdict in the following months. Mentzelopoulos has requested the court to remove videos, podcasts, and social media content related to her and her family, as well as compel Wallace and DiFiore to disclose the financial backers behind their activities. Mentzelopoulos had earlier filed a wrongful dismissal suit against AHS and former health minister Adriana LaGrange, alleging termination for investigating AHS contracts deeply. AHS responded by stating it had lost confidence in Mentzelopoulos’s performance.