Guelph Medical Imaging president sues couple for $6M over alleged 'malicious' tweets
CONTENT WARNING: This article contains offensive language as part of an ongoing court matter. For accuracy and transparency, the offensive language has been included.
The president of a medical imaging company has launched a lawsuit against a Guelph couple after a series of tweets.
In court documents obtained by the Mercury Tribune, Probhash Mondal and 2345171 Ontario Inc., operating as Guelph Medical Imaging, allege that Stephanie Evans-Bitten and Kathryn Evans-Bitten devised a plan to start a campaign to maliciously hurt the plaintiffs by posting false negative (sic) tweets."
Further down, the statement of claim says this was done for an improper purpose of trying to create (an) online following, and in turn, create harm in respect of the plaintiff's businesses in Guelph."
The lawsuit was filed in Toronto on June 23, 2021.
In their statement of defence, the married couple say they were drawing attention to highly charged, inflammatory and discriminatory political messages," including a transphobic slur, made by Mondal on two of his professional Twitter accounts: Guelph Medical Imaging (@GMImaging) and United Brotherhood of Medical Imaging Clinics in Ontario (@UBMICO1).
None of the claims have been proven in court.
The Twitter accounts @GMImaging and @UBMICO1 have both been made private, as has Stephanie's account.
But the internet has a way of keeping things around.
The plaintiffs specifically mention several tweets made on Oct. 11, 2020, in their statement of claim, and these tweets were seen via internet archive.
On Oct. 11, Twitter account @Stephsbite (later changed to @ScurvyCompanion) tweeted, On #ComingOutDay2020 I'm sad that I have to travel outside of my hometown of #Guelph #Ontario to receive medical imaging care because the CEO of our monopolized imaging health care here calls people trannies' and hates gay pride.. this is #Canada."
Below the tweet are several images of tweets appearing to be from the @UBMICO1 and @GMImaging accounts. In one, @UBMICO1 asks, Where's the tranny? @JohnTory's got some Benjamin's (money emoji x2) for your thong!!!" next to a picture of Toronto Mayor John Tory at a drag show.
In another, a tweet asks Prime Minister Justin Trudeau, seen waving a Rainbow flag with a maple leaf during Gay Pride Month, to not defile our flag."
In a third, Mondal is pictured posing with his arms around Premier Doug Ford and Education Minister Stephen Lecce, with a caption praising them for their leadership.
A similar tweet was made again on June 11, 2021, from Stephanie's then renamed @ScurvyCompanion account. It shows the same three images.
On June 16, 2021, internet archives show that Mondal appears to have responded with a series of messages from the @UBMICO1 account. In his reply, he calls the tweets a blatant misstatement."
Mondal continues, (To) suggest in some way their is some prejudice or saying that gay residents can't have imaging done is a blatant lie ... your comments are beyond slanderous and the inference outrageous... Your suggestions if I am reading it correctly of some type of prejudice is like smoke looking for a fire ... I would expect an immediate apology ... our facility has always been welcoming to all walks of life ... I should know as a visable minority myself." (sic)
The statement of claim issued by the plaintiffs notes that the Evans-Bitten account reposted removed content from years before to create a false narrative."
The plaintiffs say only one Twitter account was used by the defendants but alleges the couple conspired on the tweets. They accuse Stephanie of making the posts to protect Kathryn's job.
The defence says Kathryn was only named to frighten and intimidate the couple."
Mondal and his corporation are seeking $5,000,000 in general damages, plus another $1,000,000 in punitive, aggravated and exemplary damages, plus costs of the legal action.
The Defendants deny that the Plaintiffs are entitled to any of the relief sought," the defence said.
A GoFundMe was launched to help cover the legal costs of the Evans-Bittens.
As of Aug. 12 at noon, about a day after it was launched, the initiative had raised $8,435 out of its $25,000 goal.
Lawyer for the plaintiff, Kevin Sherkin, did not return a call requesting comment.
Lawyer for the defence, Marcus McCann, said via email that he could not say much while the matter was before the courts.
He added, I can tell you: My clients are beside themselves with worry. It's been an extremely stressful situation for them, and they are looking forward to having the matter resolved."