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-   -   Statue of limitation in libel/slander (https://www.askmehelpdesk.com/showthread.php?t=351325)

  • May 8, 2009, 10:38 AM
    incogneeto
    Statue of limitation in libel/slander
    I'm looking for information for the province of Ontario in regards to the Slander/Libel Act.

    What is the statute of limitations in regards to this act? Does it differ if the person is a minor?

    From my understanding, there is a specific fashion in which to proceed in regards to the Slander/Libel Act, and you must prove damages, correct?

    I have the link to the Slander/Libel act of Ontario, but cannot find a statute of limitations nor any other information in regards to minors etc.

    Thank you for any assistance with this matter.
  • May 12, 2009, 01:36 PM
    this8384

    Can you give us more information on your situation? Who are you in regards to the slander? Are you the minor or is the other party? What damages did you incur as a result of the slander? How long ago did the slander take place?
  • May 12, 2009, 02:08 PM
    incogneeto

    I informed my place of business about a conversation that was occurring on an internet forum about their business. This transpired between two minors, over a year ago. I copy and pasted the conversation and the owners of said business confront them and no damages were incurred. One minor chose to resign, the other stayed until she went to university.

    This happened a year ago and the father of the girl who stayed on gained access to a private email that I sent, thus he has begun to harass me and threaten to speak poorly of me in my industry of work. I have this in emails.

    I believe I have a case against him in regards to slander, but he does not have a case against me because a) the information he has was a private document and b) no damages were incurred. His daughter continues to work at the place of employment until she left due to education.
  • May 12, 2009, 02:11 PM
    incogneeto
    Just wanted to add that this conversation was copied from a public forum and others also copied the conversation and showed the place of business. The owners of the business handled the matter.

    This was a year ago, and the father of the 1 daughter who stayed on started to harass me via emails at the end of April. I have no idea why now, after all this time, after this matter has been dealt with, he seems to feel I owe him an apology?
  • May 12, 2009, 02:20 PM
    this8384

    So how did they slander you exactly? How old are you? Did the slander cause you a monetary loss and can you prove it?
  • May 12, 2009, 02:42 PM
    incogneeto

    I have no proof of slander on my behalf.

    The parent of the minor who had written defamitory statements on the net is the one who is suddenly wanting 'justice'.

    My argument is, the information he has is a private email between my place of business and myself. I don't know how he gained access to it, but my understanding for libel/slander is 3 months--he just started to contact me this year, in April. The incident that took place was last May in regards to his daughter.

    I am an adult, the parent of the minor is an adult and the minor in question is now an adult.

    I could prove monetary loss.
  • May 12, 2009, 02:43 PM
    incogneeto
    Also, to prove defamation of character, he cannot use an illegally obtained email in my understanding. I believe he's violated the Privacy Act of Ontario.
  • May 12, 2009, 02:50 PM
    this8384

    The more you post, the more I get confused. You need to stop giving us bits and pieces at a time and spell out the story, beginning to end, as it happened.
  • May 12, 2009, 03:25 PM
    incogneeto

    So sorry.

    Story goes:
    Last year, minor A and B had a conversation about a place of business that A, B and myself work at. This conversation had defamitory comments about place of business, left on a public internet forum.

    I copied said information and sent it to our mutual place of business to inform my employers. Two minors, A and B were confronted. B chose to resign, A stayed. Life went on.

    Fast forward to this year, at the end of April, A's father contacts me, having somehow obtained the private email I sent to place of employment, and demands to know why I 'betrayed' them, claiming I defamed his daughter.

    I was justifed in my actions since minor A was saying less than kind things about the owner of the business, and the forum was public. The father of A does not think so and has been harassing me. Minor A did not lose her job, so I don't think he has any reason to continue to harass me about this situation.

    Hope that helps?
  • May 12, 2009, 03:29 PM
    this8384

    So it's not actually slander, it's harassment. How do you feel this has caused you monetary loss?

    Also, you can edit your post if it's within 5 minutes of posting rather than starting a new post just to add a bit more information.
  • May 12, 2009, 03:49 PM
    incogneeto

    Sorry, I wasn't able to find the edit button.

    Actually, I'm asking if minor A's father has a case against me in regards to libel/slander. He seems to think I've done something against the law against his daughter, but from my understanding, I have not. My understanding is that if I see someone having a conversation on a public internet forum, and they are speaking negatively of my place of business, I can show my place of business that conversation. Correct?
  • May 12, 2009, 04:24 PM
    ScottGem

    It does not matter HOW he obtained the private e-mail, unless he did so illegally.

    ButI don't see yet how you were defamed. And his daughter wasn't defamed since what you reported to your mutual employers was factual.
  • May 12, 2009, 04:45 PM
    incogneeto

    Thank you Scottgem-that's the term I was looking for. Factual. So, as long as the information I was sending was factual (copy and pasted from a public internet forum), he has no case against me.

    Is there a statute of limitation on slander/libel cases? This happened last year, and to my knowledge, the statute of limitation is 3-8 months. I may be wrong on that though. This would be in the province of Ontario
  • May 13, 2009, 06:31 AM
    this8384
    Quote:

    Originally Posted by incogneeto View Post
    Is there a statute of limitation on slander/libel cases? This happened last year, and to my knowledge, the statute of limitation is 3-8 months. I may be wrong on that though. This would be in the province of Ontario

    I don't understand what you're asking. First you state you think you have a case against him, yet you haven't told us what he has done to cause you monetary loss.

    If what you stated about the other party was factual, there is no case for slander - therefore, SOL has no bearing whatsoever. If she publicly stated something, you have nothing to worry about. Just because you brought it to your boss' attention doesn't make it slander.
  • May 13, 2009, 08:07 AM
    incogneeto

    Thank you---that is what I figured. If someone posts something on a public forum, it is factual and I am allow to bring it to my mutual employers.

    Don't worry about the other stuff. I was writing too much as I was doing other stuff. My apologies.

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