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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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What are the chances of winning a Malicious Prosecution Case

Customer Question

What are the chances of winning a Malicious Prosecution Case against a coworker who has harassed me for years then purposely walked into me, called the police and no charges were laid, 2 months later she went to a JP and laid charges private prosecution and then 3 months later convinced the police/prosecution to charge me with assault where the charges were withdrawn 6 months later?
Submitted: 10 months ago.
Category: Canada Law
Expert:  Legal Ease replied 10 months ago.

Are you asking about suing her for damages because she deliberately sought to have you charged and lied? Is that the essence of the situation?

Customer: replied 10 months ago.
it is.
Is this still covered from my first question ?
Expert:  Legal Ease replied 10 months ago.

There is only one charge per question so please don't worry about that.

If you can prove that this employee did this deliberately to harm you knowing that she was fabricating facts then you would be able to sue her successfully for damages.

You would have to be able to prove the damages. And you should know that the damages have to be considered to be reasonable and foreseeable.

Your next step would be to consult with a litigation lawyer face to face with a view to retaining the lawyer to send her a demand letter demanding compensation and threatening a lawsuit.

Does that answer your question?

Customer: replied 10 months ago.
What is your opinion of me winning based on the information I originally gave? Proving she is lying could be difficult to prove even if it is obvious to me. Her motive being the she hated me, she was being made to work by her team leader and the big verbal alteration the day before. Also her team leader and I were going on vacation that weekend . She did not want to work or be there and left work October 03/14 ( the day after the incident) and has never returned. With details and witnesses us this enough to prove her motivation?
Expert:  Legal Ease replied 10 months ago.

To me it sounds like he can prove her motivation but I can't analyze the facts in any great detail. Obviously having witnesses to testify would help your case.

Really what you should do is to have a lawyer who can analyze all the facts tell you whether you have a good enough case or not to move forward.

Customer: replied 10 months ago.
I'm sorry to say but you didn't really provide me with any information that I didn't already know just from looking in the Internet .
Expert:  Legal Ease replied 10 months ago.

I am a senior practicing lawyer and I have responded to you quickly and fully each time you have posted.

If you need clarification of the law I can do that of course.

But you are being entirely unrealistic if you think any lawyer who doesn't know you and the facts can answer you actual question which was what your chances are. I could make up an answer that would make you happy and you would be satisfied but that would be unethical and so I won't consider doing that. Any lawyer that gave you the answer you want in this case would be acting unethically and also would be harming you and though you are not my client I want to protect you.

If you don't rate me positively then you will be punishing me for being honest and realistic. If you don't rate me at all that is about the same as without either an OK or positive rating I will be working for free. I am a single parent of 4 kids and so cannot afford that but even so I won't make up an answer to get paid.

Customer: replied 10 months ago.
It was not my intent to offend you. I have been harassed by this person, falsely accused by her, had my employer of 24 years treat me horribly , had the police and prosecutor fully participate in this mess and had a lawyer charge me $11,000.00 when there was no trial. So if I appear bitter , I am. I've been through hell for 1.5 years all while caring for my mother who died during the course of all of this.
Expert:  Legal Ease replied 10 months ago.

That is terribly sad and I am so terribly sorry to hear this. I don't blame you for being bitter.

But it is just that I am not the one who caused your problems and while I wish I could help you more there is only so much I can do online. And I just won't misguide you in any way even if it means I won't get paid. So is not about offending me really it's just simply about the fact that I can't afford to work for free and am asking to be paid for my time.

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