On the 6 December 2012, BU received a letter from Ontario counsel Mr Sean Campbell of the law firm DAVIES WARD PHILLIPS & VINEBERG which advised they are acting on behalf of Eugene Melnyk as follows:
We are counsel for Eugene Melnyk.
It has come to our attention that Barbados Underground is disseminating information that is false and defamatory and that this is causing substantial damage to Mr. Melnyk’s business interests and reputation. Without limitation, Barbados Underground is disseminating an article entitled “Senators-owner Eugene Melnyk & Founder Of Biovail Charged With Fraud”, dated March 24, 2008 and comments related to that article. A copy of the article and comments are enclosed. Among other things, the article and certain comments falsely allege that Mr. Melnyk has been charged by regulators in Canada with accounting fraud. This allegation is manifestly false and defamatory. Mr. Melnyk has never been charged by any Canadian regulatory authority with fraud.
Our client considers this matter to be very serious. We have been instructed by Mr. Melnyk to demand that you immediately remove the above referenced article and related comments from your website. We further demand that you cease and desist from making or disseminating any further false or defamatory statements concerning Mr. Melnyk and from any other conduct that is damaging to Mr. Melnyk’s business interests or reputation. In the event that you fail to comply with this demand, legal proceedings will be initiated against you and any other involved parties without further notice.
Please contact me in the event that you wish to discuss this matter.
This letter is written under reserve of all our client’s rights and recourses.
Yours very truly,
BU has responded as follows: