Threatening to sue me for defamation

This woman is threatening to sue me (in civil court) for defamation for stating my opinion of her online and how I felt she treated me. She's not well known, but she's knows someone else who is well known and is part of a "charity" (if you can even call it that.) I have been harassed and tormented online by this woman, albeit in a vague way. I also have health issues and it seems this woman likes to kick people when they are already down.

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Natty

Jul 25, 2014 at 7:29pm

Well, you should seek legal advice. There are several places that offer free legal counselling. Google those.
And keep in mind defamation involves the making of false statements against a person. If you can prove you were the wronged party, then you should have nothing to worry about.

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Most of the time

Jul 25, 2014 at 8:43pm

Most of the time it is a scare tactic. There's such thing as freedom of speech and having an opinion, and if you clearly stated that your comments are opinion then she will have a difficult time winning in court. Rarely do you hear about court cases when it comes to remarks that are made online, as they are difficult cases to win. Especially if, as you say, she has been tormenting you.

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Online or Offline

Jul 25, 2014 at 9:53pm

You can't just say stuff about people and expect it to be okay. Your health
issues aside, if she can prove it, she does have a "legal" case. And you are
possibly compounding the situation by posting here. The moral of the story is, don't assume you're safe just because you have an opinion and a laptop.

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This isn't the United States...

Jul 25, 2014 at 11:44pm

... so punitive damages don't exist for this sort of nonsense. Unless she can prove actual damages, i.e. loss of income, lost job, lost opportunities to make money, contracts lost, etc -- as a result of your comment, her case is worthless. More to the point, she doesn't have a case that's worth anything -- as will be evidenced by her inability to find a lawyer to take the case on contingency. And when she finds she'll have to pay out of pocket to legally take this anyway, she'll drop it. You can relax.

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Lots of wrongness above I'm afraid

Jul 26, 2014 at 5:16am

You CAN be guilty of defamation for stating things that ARE true.

If I may post a link:

https://en.wikipedia.org/wiki/Canadian_defamation_law

<blockquote>At common law, defamation covers any communication that tends to lower the esteem of the subject in the minds of ordinary members of the public.[1]

Probably true statements are not excluded...

Intent is always presumed, and it is not necessary to prove that the defendant intended to defame. Where a communication is expressing a fact, it can still be found defamatory through innuendo suggested by the juxtaposition of the text or picture next to other pictures and words.</blockquote>

Also, the statement above about proving damages is false - they would not have to prove, say, a lost job opportunity due to the defamation -- that would be impossible:
<blockquote>Plaintiffs need not prove falsity, malice or damages.</blockquote>

Also, the burden is on the defence:
<blockquote>Defendants, once accused, are prima facie liable until they prove themselves innocent (reverse onus).</blockquote>

Now, there's one more quote that appears to contradict some of what I've written:
<blockquote>Once a claim has been made out the defendant may avail him or herself to a defense of justification (the truth), fair comment, responsible communication, or privilege.</blockquote>
The claim of "it's true" seems a viable defence, but with the onus on the defence, one would have to prove the truth of the statement else one is guilty.

Finally, I don't believe a lawyer is required for a civil defamation suit filed in small claims court.

This is a topic that Reasonable Doubt (column in the GS) really, REALLY needs to cover in more depth!

(And it's times like this that I also REALLY wish the GS had a preview button.)

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Been there done that

Jul 26, 2014 at 8:14am

I posted a negative review about a business on a review website due to the way I was been treated by a certain business. She did the exact same thing and withheld the services that I paid for until I took the review down. She then also force me to sign a non-disclosure agreement before she would refund my money. It sucks that they have the power. I found out over a year later the reason she was so irate is that she had a miscarriage. I found out because she tried to blame it on me.

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bobo

Jul 26, 2014 at 8:41am

Pretty vague comments as to what you actually wrote. She may or may not have a case. But really, what were you thinkng when you wrote the post. What was the purpose?? Why do you feel the need to retaliate???? Why not just shrug and let her comments roll off your back?

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Legal Beagle

Jul 26, 2014 at 10:23am

I agree with @This isn't the United States - and will hazard a guess that that poster is a lawyer. It's a scare tactic on her part; I hear it all the time.

Just confirms she is a bit of a bully, in my opinion.

Best thing for you is to find a way to drop her from your life ASAP. This would include that you stop posting things about her, as obviously it keeps her in your face, which is hugely stressful. It doesn't mean that you're endorsing her behaviour, but that you're choosing to walk away from this in order to cut her out.

Then surround yourself with some positive people and let her go. Karma will get her, so you don't have to.

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Slim Chance

Jul 26, 2014 at 10:29am

Obviously what you said hit a little to close to home for the truth. An opinion can not get you in trouble for defamation. Stating something as a fact which is not true can. Call her what you want and tell her you not only aren't afraid of frivolous litigation, but rather enjoy the the prospect of her making an even bigger ass of herself.

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cul de sac

Jul 26, 2014 at 12:07pm

why were you posting about her online in the first place? let this be a lesson to you. my advice: forget about this woman and move on with your life. or maybe you privately enjoy creating chaos and drama.

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