How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Legal Ease Your Own Question

Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 87635
Experience:  Lawyer
10263656
Type Your Canada Law Question Here...
Legal Ease is online now
A new question is answered every 9 seconds

how do you calculate damages for slander/defamation of character I

Customer Question

how do you calculate damages for slander/defamation of character?

I have recently left a company in the travel industry (my choice) and negotiated a reasonable settlement after 12 years with this organization and over 23 years in the travel industry.

I have a recorded conversation between the person who has moved into my role and someone else that contains comments about my being fired, that I was engaging in activities that were against the company and more, none of which are true.

i have moved into a self-employed position and some of my dealings involve consultative work within the travel industry, as well as writing and speaking events that relate to the travel industry.

Obviously, this kind of talk would be extremely damaging to my business in terms of gaining assignments and consulting opportunities.

I would be interested in knowing how much I would sue for.

Looking forward to your response.

Cheryl Gregory
Submitted: 5 years ago.
Category: Canada Law
Expert:  SoloLawyer replied 5 years ago.
Hello -

Thank you for contacting JustAnswer.

There is no general answer for this type of question. The answer depends on the actual damage that the statement has caused you. Remember, to prove defamation, you have to prove:

1. Someone said something false about you.
2. The statement was communicated to a third party
3. The statement damaged your reputation in some way.

Defamation suits are difficult to win because it is often hard to gauge the damage the statement caused, if it caused any at all. If the statement has not actually caused you an y damage, you won't be able to recover. If it has, your first step will need to be to decide exactly how much damage this has caused, and use that as a starting point for your suit.

Hope this helps,

If my answer was helpful, please click ACCEPT so i may be compensated for my time. If you are not satisfied with the Answer, please feel free not to Accept, and post a follow up question so I may be able to clarify my Answer. My goal is to provide an outstanding Answer, so give me a chance.

Regards,

Michael
Expert:  SoloLawyer replied 5 years ago.
I'm sorry, your additional information did not come through until after I had submitted my Answer. This was posted in the American law section. I will try to get this transferred for you.

Customer: replied 5 years ago.
This is too generic an answer.

The comments by this person have just taken place, but the potential damage is what I am concerned with. There are 3 people mentioned on the call and they too are contacting people for legal advice on how to shut this down now before the damage occurs.

None of us what to experience financial or reputation damage - this guy is a problem and needs to be stopped before he can do any more damage.
Expert:  Legal Ease replied 5 years ago.
I am a Canada law expert and have just received your question.

Is the point actually that you want to know how to stop this person at this point rather than suing for damages down the road?
Customer: replied 5 years ago.
I reckon there is nothing to stop this fellow from saying whatever he wants to say unless there is such as thing as potential damage? if there is no way to approach the company, or him, personally, and hit them in the wallet, it will not stop until sufficient damage has been created.

If there is no legal path for us to take, what is stopping us from doing the same to him, now that we have his recording?
Expert:  Legal Ease replied 5 years ago.
I want to first provide you with some background so you understand how the law with respect to defamation works in Canada.

Defamation is false communication about a person that tends to hurts the person's reputation.

The communication must be made to other people, not just to the person it's about. It can be spoken or written, or it can even be a gesture.

The law protects your reputation against defamation so, if someone defames you, you can sue the person for money to compensate you for your damage to your reputation.

 

But it's important to understand that the law doesn't protect you from a personal insult or a remark that injures only your pride; it protects reputation, not feelings.

 

For example, if someone says that you are a sleazy person then that's not damaging to your reputation as it's really just a mean insult. But if the person is saying that you are dishonest in business, you probably do have a good reason to sue.

 

Defamation can be a crime under the Criminal Code, but only rarely. You may also be able to sue for a violation of your privacy under the provincial Privacy Act. You may also have a complaint under your province's Human Right Protection Legislation.

 

In your case because the defamation is happening verbally the actual legal term for what you would sue for is "slander".

 

If you can prove that someone libeled you (that's when the defamation happens in written form) and that person does not have a good defence, then a court will presume that you suffered damages and award you money to compensate for your damaged reputation.

 

The law treats slander differently than libel: with slander, you have to prove you suffered damages, in the form of financial loss, to get compensation. It can be very difficult to prove this sort of financial loss. That's why most slander cases never go to court.

 

But in the following four examples, a slander lawsuit may succeed without you proving financial loss. Even though there's no permanent record of the slander, the law will presume damages, as if there were libel, if someone:

  • accuses you of a crime (unless they made the accusation to the police)
  • accuses you of having a contagious disease
  • makes negative remarks about you in your trade or business
  • accuses you of adultery

 

But going to Court is expensive and even if you win, you may not get as much as it costs you to sue. In deciding on assumed damages, the Court will consider your position in the community. For example, if you are a professional, damages may be higher.

 

Ultimately, therefore, in your case you may not have to prove damages. But, it's exceedingly expensive to sue in Canada and it's not likely that a lawyer would take your case on a contingency basis.

 

However, it's not the type of lawsuit this person or your former employer would likely want to defend either. For this reason it would make the most sense to retain a lawyer with a view to having that lawyer write a very strongly worded letter demanding that this person cease and desist and possibly even demanding a written apology that you can then use if necessary to undue damage caused by this slander.

 

What you can do to find a lawyer is one of the following things.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.

Here's the link to their website:

http://www.lexpert.ca/Directory/DirectoryContent/FindLawyersOrFirm.aspx

 

I hope that helps as a starting point.


Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 87635
Experience: Lawyer
Legal Ease and other Canada Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest. Monika Canada
< Last | Next >
  • Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest. Monika Canada
  • This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help. Mike Halifax, NS
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tom B.

    Barrister & Solicitor

    Satisfied Customers:

    1871
    Called to the Bar of British Columbia in 1991.
< Last | Next >
  • http://ww2.justanswer.com/uploads/bulmert/2010-02-12_004737_Me2.jpg Tom B.'s Avatar

    Tom B.

    Barrister & Solicitor

    Satisfied Customers:

    1871
    Called to the Bar of British Columbia in 1991.
  • http://ww2.justanswer.com/uploads/pfilice/2009-2-4_11945_Filice_-_Pat.jpg LawyerProfessor's Avatar

    LawyerProfessor

    Lawyer

    Satisfied Customers:

    828
    Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997
  • http://ww2.justanswer.com/uploads/ME/MeMartin/2012-6-22_172853_Martin.64x64.png Jeremie John Martin's Avatar

    Jeremie John Martin

    Lawyer

    Satisfied Customers:

    751
    I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.
  • http://ww2.justanswer.com/uploads/BR/brhart/2011-8-23_12246_profpic2.64x64.jpg B.R. Hart's Avatar

    B.R. Hart

    Lawyer

    Satisfied Customers:

    15
    Juris Doctor, Member of the Law Society of Upper Canada
  • http://ww2.justanswer.com/uploads/SO/Sokkalaw/2013-10-4_42239_Sokka2.64x64.jpg Sokkalaw's Avatar

    Sokkalaw

    Lawyer

    Satisfied Customers:

    288
    Lawyer in Ontario, Canada
  • http://ww2.justanswer.com/uploads/CA/captanan/2012-10-26_22415_AdPicture.64x64.png CaptanLaw's Avatar

    CaptanLaw

    Lawyer

    Satisfied Customers:

    163
    I'm a criminal defence lawyer, who assists individuals charged with crimes.
  • http://ww2.justanswer.com/uploads/MD/mdjackso1/2013-11-10_05435_shapeimage1copy.64x64.png M D J's Avatar

    M D J

    Lawyer

    Satisfied Customers:

    20
    I have a general legal practice in Alberta, Canada.
 
 
 
Chat Now With A Lawyer
Legal Ease
Legal Ease
Lawyer
46114 Satisfied Customers
Lawyer