According to a document filed at the Victoria Courthouse on August 20 (and amended on August 25), Timothy C. Durkin has filed a Notice of Civil Claim against Facebook, Inc., and Facebook Canada LTD. in the amount of $50 million dollars for aggravated and punitive damages, along with any “further and other relief this Court may deem just and meet.”
In the court document filed August 25, Durkin claims that an imposter account had been created on Facebook assuming his identity, without his knowledge or consent. The document states that Durkin became aware of this account in mid-March 2020, and attempted to report the imposter account to Facebook multiple times but was unable to successfully submit the complaint. A registered letter of request was couriered to Facebook Canada on July 21 (received July 22).
The document claims that Facebook had known about this imposter account since mid-March and did nothing about it, allowing the purported imposter to continue posting messages in the name of the plaintiff without the plaintiff’s knowledge or consent.
Durkin wants the imposter account to be removed from Facebook, and the identity of the applicant of the account (or the information they used to create the account) to be revealed. To see what the imposter account page looked like, refer to today’s article on the CBC website.
The allegations have not been tested or proven in court. The defendants (Facebook Canada and Facebook Inc) have 21 days to reply (35 days if they reside outside of Canada) after notice has been served.
Durkin recently represented himself in another Notice of Civil Claim that he filed under the names of SHH Management and SHH Holdings against Sooke Harbour House Inc. (owned by Frederique and Sinclair Philips). That trial, originally scheduled for 25 days (and deferred several times) ended up lasting for 56 days. The ruling in that case is expected in early fall.
According to this earlier CBC news article, the Canada Border Services Agency (CBSA) claims Durkin is the subject of an arrest warrant in relation to an alleged Ponzi scheme in the United States. The CBSA initiated deportation, resulting from criminal charges laid against Durkin in the United States in 2013, for a ponzi scheme that took about $4.9 million USD from people for a purported investment in a high speed computerized arbitrage trading system. Three of the four men charged in this fraud served time in prison. Durkin was indicted in July 2013 but fled the US before being charged, as he had “absconded,” “fled the country”. The securities fraud was committed between October 2009 and May 2013, in the State of Alabama.
Durkin appealed a CBSA deportation trial on humanitarian grounds. That appeal was denied, and in February 2019 the deportation hearing was set to proceed. A delay to the deportation hearing was requested on October 2nd, 2019, and granted, and was to resume on the conclusion of the suit against Sooke Harbour House Inc. That trial date is still pending. Again according to today’s CBC article, his admissibility hearing is scheduled for November.
Timothy C. Durkin is a British citizen.
Durkin was invited to provide a comment but did not reply by the time that this article was published.
- Timothy Durkin’s admissibility hearing adjourned until April 2021
- Court costs waived for Philips (plus a few choice descriptors of Durkin)
- Application for Special Costs on hold for Gregory; Durkin ends with arguments, accusations and self-pity
- Basran rules: Philips’ lawyers awarded proceeds from sale of Sooke Harbour House, Durkin denied
- Timothy Durkin feels dropped 10,000 feet into a battleground (of his own making)
- Timothy Durkin among those asking for money on the sale of Sooke Harbour House
- “You wasted my time” Kicking the can down the road continues for Timothy Durkin; no decision, more delay
- Scheduled admissibility hearing for Timothy Durkin obfuscated, observers on trial
- “Garden variety bully” Durkin found responsible, directly held liable for $4M
- Former manager of a Sooke hotel sues Facebook for $50Million
- Sooke Harbour House sells for $5.6M in court-ordered sale
- Rumour confirmed, owner of Sooke PocketNews being sued
- Opportunity to appeal definitively denied, Durkin’s deportation hearing to proceed
- Courts rule against Tim Durkin’s request to have a deportation hearing overturned
- Canada Border Services claims manager of Sooke Harbour House is wanted for fraud
Please note that SPN will be closely monitoring the comments on this article. The minute anything is posted that can be "interpreted" as defamatory, however loosely, the comments will be closed and existing comments deleted. Please, behave accordingly. Thank you. Britt/SPN.