December 28, 2015

Legal Writers Miriam Yosowich and Sherry Noik Misleading Articles Backfire

Update February 1, 2016: After notification to parent company Thomson Reuters, Findlaw's article with falsehoods was removed.

The harassment, defamation and fraud case against defendants Megan McMahon, Taryn Burnett and law firm Gowlings has been ongoing for years due to the defendants' delays. Now, two "news" articles about the case against the lawyers and underlying medical malpractice case falsely report that both cases are over, which they are not, along with other falsehoods intended to mislead, and even to shockingly mock the ordeal of the plaintiff who was injured by Dr. Peter Whidden, requiring her to undergo multiple corrective surgeries.

How the vile articles with reported false statuses of the cases, which were even used as headlines, and unchecked facts are somehow newsworthy and made it to publishing is not immediately clear, but it perhaps makes more sense when one recognizes that at least one of the publishers is in the business of advertising for Gowlings and the defendant lawyers.

The first article in question was written by Sherry Noik who describes herself in social media as a journalist for Yahoo News and an ex-QMI Postmedia writer. The article, filled with false statements on the status of both cases, events of the cases and other falsehoods, was removed after Yahoo Inc. was contacted with notification.

Miriam Yosowich is the author of the second article in question, published by Findlaw Canada, a division of Thomson Reuters. It must be noted that Findlaw Canada maintains a lawyer directory and advertises for Gowlings and the defendant lawyers. Ms. Yosowich describes herself in social media as a legal writer and Toronto lawyer whose private law practice apparently failed after just two years. The article in question states the medical malpractice case is over after all avenues, which is false, and mocks the plaintiff's surgery ordeal. As if that wasn't enough, the article falsifies interim results of the medical malpractice proceedings. Of course, the article mentions nothing about the numerous unrelated lawsuits filed by other plaintiffs against Gowlings and its lawyers. After spewing various falsehoods, the article concludes that people should not represent themselves and segues into promoting its lawyer clients. To date, Ms. Yosowich and Findlaw Canada have failed to reply to the notifications sent their way on this matter, exposing themselves to liability.

The interim matter with the medical malpractice case which the articles "mistakenly" confuse with the entire cases, involves the plaintiff's interim appeal motion in the medical malpractice matter, which requested to add materials, obtain exhibit copies the trial judge Charlene Anderson egregiously refused her without reason, and to remove the sometimes defence counsel Megan McMahon for conflict of interest given it is not proper to represent while being filed against for related matters. The plaintiff's motion for these requests, which can be viewed here, was before now retired Justice Jean Côté, who ordered Ms. McMahon may not represent on the related matters, but erred on other issues which is reflective of his long-standing general discriminatory views on self-represented people (seen here in his authored Safe and Effective Practice booklet at p. 72) and conflicts with modern principles of the Supreme Court of Canada , and self-representation research findings, stating self-represented people must be assured access to justice and every opportunity for fairness.

It is not known at this time if Gowlings engaged its advertiser, Findlaw Canada, to write the falsehoods in its slanted article, and whether this will be added to the allegations against Gowlings.
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