Vancouver media lawyer Barry Gibson dies

A few  media lawyers in this town have taught me a great deal about how to do hard-hitting journalism without spending the rest of my life in court.

One of them, Barry Gibson, died on Tuesday (March 24) in his office of a heart attack. He was 60 years old.

Gibson, a partner at Farris, was a soft-spoken, self-effacing  man with a wicked sense of humour. Whenever I got the idea in my head that all  lawyers were arrogant, I would remind myself: "Well, there's always Barry Gibson. He's a nice man."

He was also keenly intelligent. Many years ago, he told me that his dream job was to become the managing editor of the Province newspaper. This was in the days when the Province was still a feisty tabloid. Gibson would have made it even feistier had he gotten the opportunity.

I learned many things about media law from Gibson, though he probably wasn't aware that he was a great teacher. Here are just  three of the tidbits of information I gleaned from him:

* Unions file a lot of defamation suits. Often, these suits are against media outlets, but they also sue each other, particularly during competing organizing drives. Be careful in reporting one union's allegations about another union.

* The most important issue is determining the likelihood of a person filing a lawsuit. Some executives will sue over what you say about them. Others will sue over what you say about their families.

* Watch out for story slugs. Even if the  article is bulletproof, a crafty lawyer will nail you during examination for discovery by asking about the slug—which is the term used internally to describe the story. If the slug is "crooked politician", it will be easy for a plaintiff's lawyer to argue malice, which wipes out all defences in a defamation case.

Gibson was perhaps best known as the lawyer for the Vancouver Sun, but he worked for many other media outlets over the years, including the Georgia Straight and Vancouver magazine.

He was also extremely knowledgeable about wrongful dismissal, once winning a $300,000 award for the former CEO of B.C. Transit.

One of my family members was once dismissed from a job unfairly. I called Gibson because I knew he was the best.

I was ready to hire him, but he told me not to worry about that. He asked about the circumstances and within five minutes, he gave me all the information I needed to know. For free. Gibson was that kind of guy. He will be missed.

People who knew Gibson are welcome to share their memories in the comment space below.

Comments

3 Comments

Matthew Burrows

Mar 25, 2009 at 3:43pm

In 2001 I attended a talk Barry gave on media law and found it extremely useful. I'd never met Barry before that time, but he was very soft-spoken and humble. My Langara journalism instructors all swore by him.
Barry popped into my mind recently for some unknown reason. Well, I guess it's now not so unknown.
Thanks for everything Barry.

Charles Armstrong

Mar 26, 2009 at 12:20pm

I too had a wonderful experience with Barry Gibson. He helped me with an employment issue that was upsetting and potentially a big problem. Not only did he solve my problem, competently and swiftly, and not only did he do it for no charge, but he didn't even know me! He did it because he knew a relative. That's how generous he was.

Martin Dunphy

Mar 27, 2009 at 2:49pm

As a Straight editor and someone charged with keeping a keen eye on potentially litigious stories, I found myself calling Barry from time to time when I needed an expert opinion. He always just wanted me to e-mail the possibly contentious passage ("if you send the whole thing and I have to read it, I'll just have to charge you more.") And he always would just call or e-mail back because he said that if he had to put it in a letter that would also cost more. He encouraged us to run with a good story unless the prospective litigant had the "wherewithal and inclination" to sue. By that, he meant having the money and being seriously pissed-off. He understood the value of good journalism and the risks you sometimes have to consider.
I didn't interact with him frequently, but I will remember the times that I did because I always learned something.
Bon voyage.
Martin Dunphy