Michael Mann v. Timothy (“Tim”) Ball, The Frontier Centre for Public Policy, Inc. and John Doe

In 2011, climate scientist Michael Mann filed a libel claim against Timothy (“Tim”) Ball, The Frontier Centre for Public Policy, Inc. ("FCPP"), and an unnamed defendant ("John Doe"). The defendant Ball participated in an interview with the FCPP and John Doe during which Ball made allegedly false and defamatory statements inferring that Michael Mann is guilty of criminal fraud in relation to the alleged “Climategate” scandal or alternatively that there are probably grounds to find Mann guilty. The plaintiff sought damages, an injunction against further publication of the defamatory statements, and a court order for the defendants to remove the interview containing the defamatory statements from all electronic databases, including the FCPP website. In June 2019, the FCPP settled with Mann and issued a retraction and apology on their website. On August 22, 2019, the court dismissed the case on account of delay. The court found that two periods of delay totalling 35 months constituted "inordinate delay" that could not be excused on account of the plaintiff being occupied with other matters. The court further found that this delay had caused prejudice to the defendant because three of the defendants' planned witnesses had died. The court dismissed the case and ordered the plaintiff to pay the defendant's court costs.