Lawyers for two podcasters accused of intimidating a former Alberta Health Services (AHS) board member challenged a judge's decision in court on Wednesday to grant a rare and powerful legal order that allowed for surprise searches of their homes. The order, known as an Anton Piller order, was issued in late November and authorized unannounced searches of the residences of James Di Fiore and David Wallace, who collaborated on videos posted to X and YouTube.
Background of the Case
The videos in question featured comments regarding Sandy Edmonstone, who served on the AHS board between November 2023 and January 2025. Edmonstone later accused the pair of trying to intimidate him and other former board members through the videos and surveillance, allegedly in an effort to dissuade them from testifying in the wrongful dismissal lawsuit of former AHS head Athana Mentzelopoulos. Mentzelopoulos has accused the government of improper procurement practices.
Legal Arguments
Craig Alcock, the Calgary-based lawyer representing Di Fiore and Wallace, argued before Court of King's Bench Justice Michael Lema that the judge had gone too far in granting the extraordinary order, which he described as 'the nuclear option' for courts. 'There's nothing extreme about this case. Podcasting is not a crime,' Alcock argued, noting the order was granted on an ex parte basis with no notice to the podcasters. He is seeking to have the Anton Piller order, along with a contempt of court citation and restraining order, set aside.
Alcock emphasized that expressing opinions on a podcast, even if offensive, is not illegal and that there are other remedies for any potential misconduct. He also argued that Edmonstone had not provided direct evidence linking his clients to the alleged campaign of harassment or witness intimidation.
Prosecution's Response
Jordan Bierkos, lawyer for Edmonstone, countered that the Anton Piller order was justified and necessary to preserve evidence. He cited prior comments in the videos where Wallace claimed to be indemnified and working for financial interests, as well as the frequency of the videos—six more were published between the issuance and execution of the order. 'This wasn't a single video or a couple of videos. It was repeated and continued with express threats that it would escalate and continue,' Bierkos stated.
Outcome Pending
The Anton Piller order was carried out in Di Fiore's Ontario home and Wallace's Quebec residence in late December. However, the evidence gathered from the searches has not been made public, pending Justice Lema's ruling from Wednesday's hearing. The court will decide whether to uphold or set aside the order, along with the associated contempt and restraining orders.
