This investor refused to be gagged
Mary Diwell. Photo by Jana Chytilova for National Post
Saturday's column in FP Weekend looked at the case of Mary Diwell, a retired investor who refused to accept a deal with a large financial institution in return for her silence. The document she says she refused to sign is colloquially known as a gag order. Here's an excerpt of the actual gag order she declined to sign. Had she actually signed it, she would not have been able to supply it to us to publish here:
Full and Final Release and Confidentiality Agreement
IN CONSIDERATION of the payment of TWENTY THOUSAND DOLLARS ($20,000.000) and other good and valuable consideration, the receipt and sufficency of which is hereby acknowledged, MARY DIWELL (the Releasor) hereby releases and forever discharges SCOTIA CAPITAL INC. (formerly ScotiaMcLeod Inc.) and FRANK L. CESTNIK and their respective present and former affiliates, subsidiaries, predecessors, successors, assigns, servants, agents, officers, employees, directors, lawyers, insurers, heirs, executors, administrators and beneficiaries as the case may be (The Releasees) from any and all actions, causes of action, claims and demands for damages, loss or injury, howsoever arising, which the Releasor ever had, now has or may hereafter have against the Releasees …
IT IS UNDERSTOOD AND AGREED that the said payment is deemed to be no admission whatsoever of liability on the part of the said Releasee.
THE RELEASOR UNDERAKES AND AGREES that the terms of this settlement shall be kept confidential and shall not be disclosed to any third party … without the express written permission of SCOTIA CAPITAL INC.
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July 31st, 2008 at 11:02 am
I recently came accross your blog and have been reading along. I thought I would leave my first comment. I dont know what to say except that I have enjoyed reading. Nice blog.
Tim Ramsey