Yellow Pages may be sued
Trevor Wilhelm, Windsor Star
Published: Tuesday, November 27, 2007
The humane society says it has been defamed in a private animal shelter's Yellow Pages ad that features a cartoon cat hanged by a noose and warns people to watch out for places that call themselves shelters but which are actually "animal control facilities."

The society is threatening a lawsuit against Bell Canada Enterprises and Yellow Pages Group in this latest dispute -- there are two outstanding lawsuits between the humane society and Windsor Animal Rescue, a for-profit animal rescue shelter.

FIRED OFF LETTER

The Windsor-Essex County Humane Society issued a letter to Bell and the Yellow Pages because of the advertisement for Windsor Animal Rescue in the 2007-2008 phone book.

Windsor Animal Rescue, owned by Donald Lafrance, also received the letter.

"Our client takes great offence at these defamatory statements which are obviously aimed at the Humane Society and are intended, or would be understood as intending, to denigrate its reputation and bring it to public odium and contempt," states the letter from Raphael Partners law firm on behalf of the humane society.

The ad, on page 47 of the Yellow Pages, refers to Windsor Animal Rescue as "a no-kill shelter."

The ad states "we are a true animal shelter" and points out that the humane society euthanizes animals. The ad, placed above the humane society's entry, depicts a cat hanging from a noose.

Humane society executive director John Roushorne said the ad shines a bad light on the humane society, even though it actually does euthanize cats.

"Let's start with the caricature of a hanging cat," he said.

"The fundamental issue is (Lafrance) is defaming the Windsor-Essex County Humane Society. And he is doing it at a time when we are trying to raise $2 million to expand the shelter so we don't have to euthanize cats."

Bell Canada representatives didn't return calls Monday.

Annie Marsolais, director of corporate communications for Yellow Pages, said Bell isn't involved with selling advertisements. She added that Yellow Pages isn't responsible for the content of the ads it sells.

NOT RESPONSIBLE

"Our role is to facilitate business between buyer and seller," said Marsolais. "We publish the ad but we are not responsible for the content."

Marsolais said Yellow Pages altered Lafrance's online ad in August, to remove the statements and the artwork, after receiving complaints. She said she didn't know who complained.

There's nothing that can be done about the phone book, she said, adding Yellow Pages would "continue discussions with the advertiser" for next year's edition. Marsolais said she couldn't comment further because litigation has been threatened.

Lafrance only realized on Monday his online ad was changed.

"I'm furious," he said. "There is nothing wrong or liable with the ad. It's not right. This is ridiculous. They said they amended the ad because their legal department told them to. They didn't even call to ask me. They have an obligation to provide me with that ad for a year."

"The ad was intended to target all animal control facilities," said Lafrance. "It is our freedom of speech. My position is there is nothing liable in the ad. It does not specifically mention their name."

The humane society is already suing Lafrance for $4,000 for boarding and vet fees after it seized animals from a previous pet store he managed. Lafrance is suing the humane society for $10,000, claiming the organization wrongly seized the pets.

The Yellow Pages ad is similar to a billboard Lafrance posted next to the humane society in July, which also depicted a hanging cat.

Roushorne said Lafrance has his terms mixed up. Animal control takes effect when a municipality passes a bylaw restricting a certain species, and must provide a pound to hold the animals when found at large, he said. Windsor has no such bylaw for cats, said Roushorne.
DEMANDS APOLOGY

The humane society letter demands an immediate apology and retraction to every house that received the Yellow Pages, and that each house be sent an altered page 47 with the ad removed.

The humane society also demands free quarter-page advertising in the Yellow Pages for five years, along with $50,000 in compensation "for loss to its reputation."

"Please be advised that if these demands are not met, we are instructed to commence and pursue an action in the Superior Court that will not be limited to the above remedies," the letter states.

© The Windsor Star 2007