Melinda Karlsson genuinely feared what Monika Caryk could be capable of when she sought an order of protection, according to new court filings in the ongoing off-ice and in-court saga of one-time Sens spouses.
The wife of former team captain Erik Karlsson also considers¬†Caryk‚Äôs attempt to procure all evidence against herself as something that‚Äôs nothing more than a ‚Äúfrivolous‚ÄĚ PR stunt, the documents say.
In a factum filed with the Ontario Superior Court last week, Karlsson‚Äôs lawyer, Gil Zvulony, argues it would be ‚Äúoutrageous‚ÄĚ for the court to compel a cyberbullying victim to hand over anything to ‚Äúsomeone she honestly fears and believes to be her tormentor.
‚ÄúThis all the more so while there is an active (Ottawa) police investigation in the matter that could be jeopardized.‚ÄĚ
In May, Melinda Karlsson filed an application for an order of protection (peace bond) against Caryk, the longtime partner and fianc√©e of former Senator Mike Hoffman. Hoffman was traded from the Senators in June. Erik Karlsson was traded from the team on Thursday, following months of trade speculation.
In her application, Melinda Karlsson alleged that Caryk wished her and her unborn child dead, wanted someone to ‚Äútake out‚ÄĚ her husband‚Äôs legs to ‚Äúend his career,‚ÄĚ and ‚Äúposted over 1,000 negative and derogatory statements about me as a professional.‚ÄĚ
The protection order application was never served to Caryk or tested in court and no order was ever made. Ottawa police began a criminal harassment investigation into the allegations but, to date, no criminal charges have been laid against Caryk, who has repeatedly and vehemently denied the allegations.
The Karlssons have never discussed the allegations publicly. Caryk, however, is requesting that a judge order Melinda Karlsson to hand over any evidence in her possession that led her to believe Caryk was involved in the harassment.
Caryk argued that the very public allegations against her contained in the order of protection application, first reported by this newspaper in June, ‚Äúhave caused grave damage‚ÄĚ to her reputation, well-being and led to threats against her.
According to Karlsson‚Äôs own factum filed with the court, ‚Äúany statements Karlsson made in the course of peace bond proceedings are absolutely privileged and cannot be used as a foundation for any legal proceedings.‚ÄĚ
Caryk has strongly denied the allegations and maintains that she is requesting what‚Äôs called a Norwich order so that she can clear her name and find the real perpetrators.
When reached for comment, Caryk‚Äôs lawyer, Sheila Block, said Karlsson‚Äôs factum is full of misleading statements.
‚ÄúI sure hope you don‚Äôt write (a story) based on that. It would be defamatory,‚ÄĚ Block wrote in an email.
In Caryk‚Äôs factum to the court, she characterized her relationship with the captain‚Äôs wife as civil.
Karlsson‚Äôs factum argues, however, that the relationship was far from it, with Caryk attempting to ‚Äúhide her animosity of Karlsson from this Court.‚ÄĚ
According to the document, ‚ÄúCaryk became jealous when she learned news of Karlsson‚Äôs engagement (to Erik Karlsson). She describes her feeling as ‚Äėthis just sucks for me.‚Äô‚ÄĚ
Karlsson‚Äôs lawyer also argues that Caryk‚Äôs resentment of Karlsson was well known in the Senators social circle.
In her deposition to the court, according to the factum, Caryk admitted expressing animosity toward Melinda to others: ‚ÄúAnimosity, yes, because this wall kept getting built up and built up, and ‚Ä¶ why doesn‚Äôt this girl like my s‚ÄĒ, why has this girl (never) involved me in anything, why does this girl never talk to me.‚ÄĚ (Here, ‚Äėlike‚Äô refers to ‚Äėlikes‚Äô on social media.)
According to the factum, Caryk said during her deposition that she ‚Äúmight have‚ÄĚ gossiped about Karlsson‚Äôs engagement to others but couldn‚Äôt recall about what exactly because she was intoxicated.
She said she believed her words were ‚Äútwisted‚ÄĚ but apologized to Karlsson ‚Äúfor what I said and did,‚ÄĚ the factum says.
Karlsson‚Äôs factum also calls into question Caryk‚Äôs efforts to clear her name, saying Caryk‚Äôs actions are ‚Äúmore¬†consistent with Caryk being the perpetrator than someone truly seeking to identify the perpetrator.‚ÄĚ
Beyond the legal proceedings she‚Äôs initiated to obtain information from Karlsson, the factum says, Caryk has made no other official efforts to try to get any of the information that led multiple people to believe she was involved in Karlsson‚Äôs harassment, including not asking several hockey wives who ‚Äúdirectly accused‚ÄĚ her of cyberbullying and online harassment in March 2018, in the wake of Karlsson‚Äôs child being still born.
It was the death of their first child that brought harassment into the public eye, though the Karlssons have alleged it occurred for nearly the entire last NHL season and the factum alleges it is still ongoing.
Nor, the factum says, has Caryk filed a similar application for records from the owner of the website on which she believes the harassment was occurring. Similarly, Karlsson alleges that Caryk has not made requests of the internet service providers whose addresses were found to be posting on that site by an IT contact conducting for Caryk what the factum calls a ‚Äúsham investigation.‚ÄĚ
According to the factum, that analysis looked for only one IP address and one Mac address provided by Caryk and was completed within days of being commissioned.
‚ÄúCaryk possessed hundreds of negative and derogatory postings from a website operated by Randy Morin in Ontario (Talk-Sports) in March 2018,‚ÄĚ the factum alleges. Talk-Sports is a sports gossip website that gives users the opportunity to post about various athletes, teams and leagues anonymously. Morin has told this newspaper that it is a magnet for many NHL wives and girlfriends who monitor what‚Äôs being said about them.
‚Äú(She also) possessed a list of Canadian (internet service providers) associated with the postings in March 2018. Suspiciously, Caryk did not pursue that lead that could identify the perpetrator.‚ÄĚ
The factum said she ‚Äúsat on crucial forensic evidence for more than five months.‚ÄĚ
According to the factum, it is Caryk‚Äôs ‚Äúuntenable position‚ÄĚ that she ‚Äúhas somehow been ‚Äėframed‚Äô to look like she is the perpetrator.‚ÄĚ
Karlsson ‚Äúowes Caryk no duty to assist her with her public relations efforts.‚ÄĚ
Karlsson will contest the application and is asking the court to dismiss it as frivolous.
None of the allegations has been proven and Caryk‚Äôs application will be heard in court Friday.