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profits · Apr 2, 2012, 05:46 AM

I have received a "statement of claim". I am working towards getting it dismissed since the claim is unfounded. How do I proceed?

JudyKayTee · Apr 2, 2012, 06:15 AM

In what context? Auto insurance, homeowners, something else?

And where?

Statements of Claim are also sent within a 90-day time frame in my area when a municipality is being sued.

What is the situation and what Court - Small Claims, superior, something else?

profits · Apr 3, 2012, 01:47 AM

In the area of "libel". I have made some statements about a person's character and fraudulent actions on my blog. The statements are true and I can prove it, therefore it is not libel it is a fact. I need to know how to proceed. Thank you.

JudyKayTee · Apr 3, 2012, 06:13 AM

Where? This is an international site and your question sounds like it's about the UK.

profits · Apr 3, 2012, 08:42 AM

No, it is a very local matter. I am in Toronto, Canada. The statement was about a local business man. It is possible that he is doing international deals but mostly local. I called him a dishonest fraudster in number of my blog posts. I can prove it, in fact I have published most of the supporting evidence on my blog. He is upset that I am exposing him publicly. I have had a demand from his lawyer to take down the blog and I refused. I was served "statement of claim" last week to which I need to react in some way. I want to do this without a lawyer.

profits · Apr 6, 2012, 05:32 AM

Any comments?

JudyKayTee · Apr 6, 2012, 07:39 AM

I'm not in Canada, not familiar with this, only know what I've researched. In some aspects Canadian law is very different from US law (where I am).

I wouldn't proceed without an Attorney - if one thing you published is hearsay or untrue or something in between you will have big problems.

Hate to come back at you with "get an Attorney" advice but I don't see other options.

AK lawyer · Apr 6, 2012, 10:51 AM

It looks like it may be the Canadian equivalent to a complaint. Does it have anything like what we call a "summons", telling you that you have been sued and requiring you to tell the court what you are going to do in your defense?

keithbarlow · Apr 8, 2012, 11:22 AM

Canadian law on this issue suggests you get an attorney. Even in the U.S. these types of claims should be approached with caution, but I would definitely lawyer up

ScottGem · Apr 8, 2012, 01:03 PM

Originally Posted by profits

I called him a dishonest fraudster in number of my blog posts.

BIG mistake!

Originally Posted by profits

I can prove it

Can you? You may be able to prove he committed a fraud against you in one instance. But that is very different from labeling him a "dishonest fraudster". Unless you can prove a pattern of willful fraud, then you have libeled him and can be successfully sued over it.

And based on the fact that you think you didn't commit libel indicates to me that you don't know the law well enough to know that you can even prove he committed fraud in your case.

If I were you, I would, immediately, take down that blog. If you wish to rewrite it to deal only with his specific actions in your dealings with him that you can, conclusively prove, then you can do that (though the damage may be done).

But I would definitely not go any further on this without competent legal counsel because you will lose.