The romantic partner of a B.C. Supreme Court justice who is embroiled in a cross-border defamation case yesterday successfully set aside registration of a $250,000 US award against him.
The Superior Court of California had found that Lubomyr Prytulak, who lives with Justice Mary Marvyn Koenigsberg, had defamed Gary Kurtz, an American lawyer, on Prytulak's controversial website and in letters to several judges.
When Kurtz sought to have the judgment registered in B.C. Supreme Court, which would allow him to collect on the award, Prytulak applied to have the registration set aside.
On the second day of the hearing, B.C. Supreme Court Chief Justice Donald Brenner agreed with Prytulak's arguments that the California court did not have the proper jurisdiction.
"In all of the circumstances of the case I believe he did not appear [in the California court] or submit to the jurisdiction of that court as defined by British Columbia law," Brenner concluded.
"We're obviously disappointed but the judge seemed to be doing his work and appeared to have carefully considered all of the issues," Kurtz said outside court.
Brenner said the move does not stop Kurtz from pursuing the case by other means, an apparent reference to the possibility of him suing Prytulak for judgment in B.C.
Kurtz said he is "planning to take the appropriate next step," but couldn't say what that might be.
He is also alleging that Prytulak's 2004 conveyance of his interest in the $903,000 west-side Vancouver home he shares with Koenigsberg, done in the midst of the defamation case, be declared void, but it's unclear when that aspect of the case will go forward.
Prytulak's lawyer, Robert Anderson, had no comment, but walked away with a smile. Prytulak could not be reached. Koenigsberg could not be reached.
The defamation related to writings on Prytulak's one-time website, ukar.org. The website has previously drawn a hate-speech complaint against Prytulak.