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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101013
Experience:  Lawyer
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my husband has the possibility of losing his job and having

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my husband has the possibility of losing his job and having his professional reputation damaged due to false statements made by two camp security guards to get him kicked out. Their statements that describe the character of him are completely opposite of the person he is and he has people he works with willing to write character statements for him. Is this logical to peruse?
Thank you for your question. My name is XXXXX XXXXX my goal is to provide you with the best possible answer.

To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.

But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Thanks for requesting me.

Is your husband in as union?

How long has he worked there for?

Are you asking about how to deal with the employer or about suing the guards for defamation?
Customer: replied 3 years ago.

This job is non-union as he is a safety coordinator, but is registered with a union as an operator.

He was contracted through the company he works for, for the position and the job is from June to October 15th, then the scope of work is complete.

It appears that either route, going after the company, the guards, as well as just leaving it alone, has made clean to him that he will never have a job opportunity with these companies again.

So it seems to me that it would make sense for your spouse to consult with a lawyer with a view to retaining the lawyer to send these two guards a letter, demanding a written retraction of their defamatory comments and an apology and essentially threatening a lawsuit.

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

The law protects your husband's reputation against defamation so, if someone defames him, he can sue the person for money to compensate him for damage to his reputation.

If your husband can prove that someone libeled him (that is written defamation) and that person does not have a good defence, then a court will presume that your husband suffered damages and award him money to compensate for his damaged reputation.

The law treats slander differently than libel: with slander (verbal defamation), your husband has to prove he 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 your husband 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 your husband of a crime (unless they made the accusation to the police)
  • accuses your husband of having a contagious disease
  • makes negative remarks about your husband in his trade or business
  • accuses your husband of adultery
For these reasons your husband should consult with a lawyer as his best next step.

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

The number is:

1-800-661-1095 or
403-228-1722 in Calgary
Debra and other Canada Law Specialists are ready to help you