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 Debra Your Own Question
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101460
Experience:  Lawyer
Type Your Canada Law Question Here...
Debra is online now
A new question is answered every 9 seconds

I am a US citizen who had a long term relationship with a

Customer Question

I am a US citizen who had a long term relationship with a canadian man who knew he had herpes and did not divulge the information until it was to late. I left him and have herpes confirmed. I also have been going through testing for MS.One of the possible causes of MS is herpes. Can I sue this man?
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No, not yet. I don't know where to start. Would I need a American lawyer or a Canadian lawyer?
JA: Please tell me everything you can about this issue so the can help you best. I can help you talk to the lawyer. Thanks for coming to JustAnswer. How can we help?
Customer: I have only been with him and my x husband who I was married to for 34 years.
JA: OK. The lawyer will know what to do. Please tell me everything you can so the lawyer can help you best.
Customer: This man is a snowbird in Arizona ,spending six months here.
JA: Is there anything else the lawyer should be aware of?
Customer: I immigrated to Canada to be with him. I immigrated as his common law wife.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
I am sorry to hear this. Are you living in Canada now?
Customer: replied 1 year ago.
No, I am living in Arizona
Expert:  Debra replied 1 year ago.
It is certainly possible for you to sue this man successfully. He harmed you and did so knowingly in fact. It is going to be difficult for you to sue from Arizona unless you can afford a lawyer. If you were back in Canada you could self represent and sue for up to $25,000 in small claims court or you could possibly even self-represent and pay a lawyer to help you a bit and sue in superior court. But being back in Arizona it's going to be almost impossible to sue this man unless you do retain a lawyer. If you can afford to retain a lawyer or if you can find a lawyer who would take this on a contingency fee basis and many personal injury lawyers in fact do that, then it would make sense to consider suing because this is an unlawful wrongdoing of a civil nature which is called a tort in Canada and you can sue for damages which you have clearly sustained.
Customer: replied 1 year ago.
Are you still there?
Expert:  Debra replied 1 year ago.
I provided you with a very lengthy answer which I can see posted. But you should understand that I am a human being typing an answer and I'm not a computer generating a response. If you want to full and accurate response from a lawyer then you have to be patient. Did you see the answer now?
Customer: replied 1 year ago.
$25,000 in small claims court? Could I sue him in the US when he comes back in the fall?
Customer: replied 1 year ago.
I saw your answer.
Expert:  Debra replied 1 year ago.
It is not likely the case that you can sue him in the US. The way the law works in Canada and as far as I understand it is the same in the US, is that you have to sue in the jurisdiction which has the most substantial ties with the claim. In this case not only does he live in Canada but your relationship happened in Canada. As well I assume his assets are in Canada. So even if you sued him and were successful in obtaining a judgement you would still have to seek to enforce the judgement against him in Canada which would involve registering the US judgement with the court in Canada and enforcing it and you would need a lawyer for that.
Customer: replied 1 year ago.
He has spent winters here for 8 years. I will contact a local attorney and get their opinion too. Thanks for the information! Have a good day.
Expert:  Debra replied 1 year ago.
I didn't realize that. If you were living together in Arizona for 8 months of the year you can sue him in Arizona I am sure. I am very sorry this happened to you. You must be devastated.