Father of slain realtor Lindsay Buziak counter sues defamation suit

Father of slain realtor Lindsay Buziak counter sues defamation suit
CHEK
The Justice for Lindsay Buziak walk is pictured on Feb. 2, 2024.

The father of slain realtor Lindsay Buziak has filed a counter suit to the defamation case filed two years ago against him over comments made on his website.

Buziak’s counter suit was filed April 5, calling for the courts to dismiss the civil claim Shirley Zailo filed in 2022, which names Jeff Buziak, slain realtor Lindsay Buziak’s father, and Chilliwack resident Jane Kavanagh.

The initial lawsuit alleges Kavanagh used online aliases to publish ‘defamatory’ comments, implying Zailo — whose son Jason dated Lindsay prior to her murder — killed the realtor, writing those remarks on a blog website owned and operated by Buziak.

The claim states that Zailo has suffered loss and damages to her reputation, loss of income, stress, anxiety and other mental suffering as a result, and is seeking an unspecified amount in damages as well as an injunction against Buziak and Kavanagh to prevent them from publishing further defamatory statements.

Buziak called the suit ‘frivolous’ and ‘a personal attack’ on Tuesday, arguing he didn’t personally write the sentiments. It’s exactly what his counter suit asserts.

“There is no merit to the claim against the defendant Buziak because he did not know or discuss any of the comments or have knowledge of the comments when they were posted,” reads Buziak’s new notice of application.

Instead, the court document says when Buziak did find out about comments he removed them (in January of 2023), saying a search of the website found no evidence of a person having read the posts.

“Allowing the action to proceed would not only silence defendant Buziak, but would stifle debate on matters that lie at the heart of democracy, including the unsolved murder of Ms. Buziak, news articles, interviews and ongoing investigations,” reads the document.

“In this case the plaintiff’s concerns about her reputation should give way to free and open debate about these matters that are of public interest.”

Lindsay was stabbed more than 40 times while showing a home in Saanich in February 2008. Her killer has never been caught.

Lindsay’s dad told CHEK News that RCMP’s Major Crime Unit is in the midst of doing a second round of testing of evidence as her death remains an active, open investigation.

Zailo has also filed a separate defamation lawsuit against Chiliwack resident Nora Munro. Representation for Munro tell CHEK News, despite a few delays along the way, the file is currently set to go to trial.

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