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04/03/2015 05:28:12 PM · #76 |
| I still stand by my last statement. |
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04/03/2015 06:22:26 PM · #77 |
Originally posted by Spork99:
To be awarded anything you would have had to prove she had materially damaged your reputation. Otherwise, you're just wasting the court's time and everyone's money. Good luck with that. You'd have a court record proving that you're not whatever it is that she called you, but nothing more. |
Point taken.
Perhaps the laws are different in the USA, but in Canada this is a "strict liability" offence and defamation is defined as is words tending to lower the plaintiff in the estimation of right-thinking members of society generally.
In this country the law protects your reputation against defamation. If someone defames you, you can sue them for money (called damages) for harming your reputation.
Yes there are parameters to be met, but all factors considered I am of the opinion that what transpired could have enabled me to pursue the matter legally. I will leave you with the following which can be found in the "Libel and Slander Act" for this Province which states in part
"by virtue of the fact that the statements were made, the proposed plaintiff can make out a case without having to suffer from a reverse burden of proving the damages that they suffered."
When someone make a statement that impute to the plaintiff the commission of a criminal offence, they can be held liable for damages.
Ray
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04/03/2015 06:23:35 PM · #78 |
Originally posted by nygold:
I still stand by my last statement. |
Nice to see someone who stands by their conviction.
Ray |
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04/04/2015 06:40:52 AM · #79 |
Originally posted by RayEthier:
Originally posted by Spork99:
To be awarded anything you would have had to prove she had materially damaged your reputation. Otherwise, you're just wasting the court's time and everyone's money. Good luck with that. You'd have a court record proving that you're not whatever it is that she called you, but nothing more. |
Point taken.
Perhaps the laws are different in the USA, but in Canada this is a "strict liability" offence and defamation is defined as is words tending to lower the plaintiff in the estimation of right-thinking members of society generally.
In this country the law protects your reputation against defamation. If someone defames you, you can sue them for money (called damages) for harming your reputation.
Yes there are parameters to be met, but all factors considered I am of the opinion that what transpired could have enabled me to pursue the matter legally. I will leave you with the following which can be found in the "Libel and Slander Act" for this Province which states in part
"by virtue of the fact that the statements were made, the proposed plaintiff can make out a case without having to suffer from a reverse burden of proving the damages that they suffered."
When someone make a statement that impute to the plaintiff the commission of a criminal offence, they can be held liable for damages.
Ray |
I forgot to add that you'd probably do far more damage to your reputation by pursuing legal action against someone who called you names than the other person did by calling you names. |
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04/04/2015 06:54:06 AM · #80 |
Originally posted by Spork99:
I forgot to add that you'd probably do far more damage to your reputation by pursuing legal action against someone who called you names than the other person did by calling you names. |
And that the legal fees would likely exceed the jury award ... |
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