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Ask Copperlaw Your Own Question
Copperlaw, Lawyer
Category: Canada Law
Positive Feedback: 97.6 %
Satisfied Customers: 1121
Experience: Retired cop. Now a Lawyer. Drug expert, breath tech, negotiator, traffic specialist. Criminal, Family, Civil and more.
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I was owed a refund for a damaged product I purchased from

Customer Question

I was owed a refund for a damaged product I purchased from a girl I recently dated. She didn’t refund me after 10 days of returning the product. So I began to text her to ask for my money back. She then replied that if I continue to text her it is harassment. None of my messages were vulgar or threatening. After she told me to stop, I texted her a few more times still asking for my money back.

I then received a call from a police detective saying that she reported me for harassment. He said that if I text her again I will be charged for criminal harassment and if I want to pursue the refund to do it in court. The amount is only $35 so going to court is not worth it. I agreed to stop texting. He also told me some of what she said about the incident and she greatly skewed our last interaction and painted a negative picture of me. I felt this by the way the detective was speaking to me. Now, I was able to explain some of my side of the story but the detective was more interested in reminding me to stop texting the girl.

My questions are: am I now in the “police database” and as I am planning to apply for a job in law enforcement in the future, will this hurt my chances? Also, will I be able charge the girl with slander since she gave skewed account (not outright lied) of facts to the detective?

Submitted: 12 months ago.
Category: Canada Law
Expert:  Copperlaw replied 12 months ago.


Copperlaw : Hi There
Copperlaw : I am sorry that you had to go through this
Copperlaw : Although you didn't specifically request it, i'd like to start with addressing the refund.
Customer :

sure,

Copperlaw : Was this an Epicure or other reseller type product?
Copperlaw : Is it possible to write a letter directly to the corporate entity regarding your refund?
Customer :

basically I bought a swimsuit calendar off the girl. I paid but did not look at it until i got home. X XXXX XXXXX. When I opened it it was creased and signed. I asked for neither.

Customer :

the company stated they have no privy in the matter. the girl is responsible

Customer :

she said to mail it back to see the crease (it was folded in half). and she would refund me. I did. She didnt refund me

Customer :

thats when I started to text her

Copperlaw : If she runs this business herself, you can complain to the BBB about her. Even if not registered with them, they will open a file on it
Copperlaw : You can do this online. She doesn't sound reasonable
Customer :

ok that I will do, now the other problem is that it will cost more to file a claim in small claim court than the total of what she owes "$35"

Copperlaw : As for your specific questions, what police Service dealt with her complaint?
Customer :

I believe I am out of luck on getting my money back

Customer :

amherstburg police department in ontario. its near windsor

Copperlaw : You're probably right about your money, and small claims. Mpnot something you want to put in small claims
Copperlaw : Yes, I know little Amherstburg
Copperlaw : From a customer satisfaction point of view, you are entitled to lodge a complaint with the BBB, and that's something to consider.
Customer :

I certainly will do so.

Copperlaw : Now as for the police report, I believe Amherstburg uses Niche as their Records Management software. The same used by the OPP and many small Services in Ontario
Copperlaw : This means that this info will be accessible to Services in other jurisdictions
Copperlaw : There will be a report on this and if you two had at anytime been "intimate" it would be reported as a Domestic occurrence
Customer :

He asked that question. I said we were never in a relationship. we just went on a few dates. Saw each other 4 times in 4 months. I live in Mississauga so its quite a drive

Copperlaw : Usually, police services conducting background checks on applicants, will check CPIC, will contact the police services in your local jurisdiction, any other jurisdictions you've lived in or gone to school in
Copperlaw : Ah, okay, so it may or may not be flagged as domestic. Out of your surrounding services, WRPS, Guelph,Halton, Peel, York, Toronto and Durham, one or more likely use Niche and your report will likely be reviewed
Customer :

ok that is sem-good news i suppose

Customer :

*semi-good

Copperlaw : It would be wise to make application to Amherstburg PS under PIPEDA and Freedom of Information, for a copy of this report
Copperlaw : Then you could actually see what is written in the report
Copperlaw : It may not be of concern at all once you read it
Customer :

That I WILL do 100%

Copperlaw : Otherwise, if you aren't represented properly in the report, if it is very one-sided, you can speak with the officer and ask that your statement or explanation be included.
Copperlaw : If you hit a wall with a stubborn cop (good and bad everywhere) you can certainly ask to speak to their Sgt to ask for assistance in having the report accurately reflect the entire situation
Customer :

as far as what she said. she told the detective that I showed up at her door even though she told me not to come. I semi explained my side of the story. I said i wouldnt drive to windsor if i wasnt wanted. and we spent about 5 hours together that day. in my mind that is skewing the facts to paint a bad picture of me.

Copperlaw : As for charging the girl, or suing her for slander, defamation etc, this will prove fruitless and stressful
Copperlaw : There would have to be strong independent corroborating evidence supporting you and proving she is lying, not just raising a doubt
Customer :

I see. That is unfortunate. So much for a moral victory

Copperlaw : Having read that explanation, I can fully expect that the officer determined that "there were no grounds for charges, you were most likely telling the truth as you make more sense, but she says she doesn't want contact, son just don't contact her okay?" That's what you'll likely find I expect
Copperlaw : And that in itself would be a moral victory.
Customer :

I certainly wont be contacting her now lol. Understood

Copperlaw : In the cops mind... It's most likely "this isn't a big deal, if she had just given him his refund we wouldn't be here. But she's stubborn, so it's best to just tell them to stay away from each other and not contact, and for him to pursue his refund in another manner. Now let's get coffee"
Copperlaw : Just to clarify, I wasn't giving you an order, just throwing out the likely mindset of police. Having been one for 20 years previously
Copperlaw : Before becoming a criminal defense lawyer
Customer :

that is relieving to hear. Thank you for the advice. You have helped me. Especially with the PIPEDA

Customer :

do i have to contact the department directly and ask for the report. or go through the pipeda website

Copperlaw : My pleasure. They may give you a bit of a hard time, but they have disclosure obligations to you
Copperlaw : You'll contact the dept directly
Copperlaw : And they might charge a nominal fee for copying etc
Customer :

thats fine. Thank you again kindly sir.

Copperlaw : Maybe $25 or so
Copperlaw : You are so very welcome and I wish you the best of luck in tibia matter and your future career
Copperlaw : Sorry, that's "this matter". Not sure how autocorrect got "tibia"
Customer :

ok so i rate you now and close the program?

Customer :

first time user

Copperlaw : If you need any followup or clarification, you can cone back to this
Copperlaw : Question at anytime and it will be under
Copperlaw : "My Questions"
Copperlaw : Even after "Accepting" and posting "positive feedback"
Copperlaw : I'm happy to help you further under this same question once you get your copy of the report
Copperlaw : Just let me know
Customer :

fantastic sir thanks again

Copperlaw : My pleasure

Copperlaw, Lawyer
Category: Canada Law
Positive Feedback: 97.6 %
Satisfied Customers: 1121
Experience: Retired cop. Now a Lawyer. Drug expert, breath tech, negotiator, traffic specialist. Criminal, Family, Civil and more.
Copperlaw and 3 other Canada Law Specialists are ready to help you
Customer: replied 11 months ago.

Hello again, I received a copy of the police report and I believe it to be entirely one sided. Strangely, the complaintent who I knew as Nadia is named Kady in the report. The first page has her statement which has 16 lines of text. About 13 of them are blacked out, S. 21(3)(a), 21(3)(b), 21(3)(g), under the freedom of info and protection of privacy act. The second page only includes the dective stating that he contacted me about ceasing contact, that I understood, and to pursue the matter in court if I choose to continue. None of the 10 minute phone call where I explained my side of events is included.

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