Cyberbullying restaurant owner gets 90 days in jail

Should the restaurant reviewer proceed for civil damages

  • No

    Votes: 0 0.0%
  • Nor sure

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    5

Goober

Hall of Fame Member
Jan 23, 2009
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I wonder if the restaurant reviewer will now proceed for civil damages?

Not sure on the law regarding civil damages.

Cyberbullying restaurant owner gets 90 days in jail - Ottawa - CBC News

An Ottawa restaurant owner has been sentenced to 90 days in jail and probation for two years after she was found guilty of libel against a restaurant reviewer.

Marisol Simoes, 42, was found guilty in September of sending lewd emails to the boss of Elayna Katz after the Ottawa woman posted bad reviews of her restaurant, Mambo Nuevo Latino, in 2009.

Simoes also set up a fake account under Katz's name on an adult dating site after Katz visited Simoes’ ByWard Market restaurant and requested olives be left off her entrée.

Simoes also owns sushi restaurant, Kinki, in the Byward Market.

After the sentence was handed down, Katz said she was "very happy" about the outcome knowing it was a precedent-setting case.

"All I was doing was exercising my right as a customer to give my opinion on the situation as it was," she said. "I don't think the retaliation was exactly merited."

Even though the libel remains on the internet, which Katz called a "graveyard," she said she hopes her reputation has been preserved.

Katz also said the case raises issues surrounding cyberbullying that "doesn't only affect teenagers."

Simoes was also ordered to take an anger management course, receive mandatory counselling and work 200 hours of community service.
 

SLM

The Velvet Hammer
Mar 5, 2011
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After going thru such harassment to take it further is and can be quite difficult. The emotional and mental distress to her and her family can be immense. The courts drag things on.

Yeah but she's already been put through the wringer. The libel remains, that's not getting erased. It's not often I advocate punitive damages for pain and suffering, but I'd back that in this case. Not a truly exorbitant amount mind you, but enough of a pinch to the offending party and it give the woman who was harassed some compensation. That kind of harassment, particular the fraudulent adult personals, is no where near justifiable for simply giving a review of a meal. That restaurant owner has to be mentally unstable.
 

JLM

Hall of Fame Member
Nov 27, 2008
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What are the real facts of this story as it comes from one source?

I think the restaurant owner has to take the brunt of the blame. I think the complainer could have handled it a little better. Before going and blabbing it in the public domain, I think I would have spoken to the proprietor first. I believe in starting out with the simpliest solutions and if that doesn't work you can still do the "heavy stuff".
 

taxslave

Hall of Fame Member
Nov 25, 2008
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I think the restaurant owner has to take the brunt of the blame. I think the complainer could have handled it a little better. Before going and blabbing it in the public domain, I think I would have spoken to the proprietor first. I believe in starting out with the simpliest solutions and if that doesn't work you can still do the "heavy stuff".

Did you miss that the complainant is a restaurant reviewer? That is what they do, make their opinion of restaurants public.
 

Jenson

Time Out
Nov 16, 2012
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I think the restaurant owner has to take the brunt of the blame. I think the complainer could have handled it a little better. Before going and blabbing it in the public domain, I think I would have spoken to the proprietor first. I believe in starting out with the simpliest solutions and if that doesn't work you can still do the "heavy stuff".

Well said.
 

JLM

Hall of Fame Member
Nov 27, 2008
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Did you miss that the complainant is a restaurant reviewer? That is what they do, make their opinion of restaurants public.

Nope, fully aware of that fact and I have to admit that there isn't enough information be sure of a proper response- just responding to what I read. If I was making a ruling there would be lots of questions. Had there been previous complaints? Was the reviewer responding to a previous complaint? With reviewers isn't there a process that starts out with a warning?
 

taxslave

Hall of Fame Member
Nov 25, 2008
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Nope, fully aware of that fact and I have to admit that there isn't enough information be sure of a proper response- just responding to what I read. If I was making a ruling there would be lots of questions. Had there been previous complaints? Was the reviewer responding to a previous complaint? With reviewers isn't there a process that starts out with a warning?

I only know one and that is locally. The idea is that the reviewer is anonymous and should be treated like a regular customer. They then publish how it went so others can decide if they want to go to that restaurant. A good restaurant owner should value this as much as their health inspections which are posted on the net.
 

gerryh

Time Out
Nov 21, 2004
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Nope, fully aware of that fact and I have to admit that there isn't enough information be sure of a proper response- just responding to what I read. If I was making a ruling there would be lots of questions. Had there been previous complaints? Was the reviewer responding to a previous complaint? With reviewers isn't there a process that starts out with a warning?



No, a reviewer picks a restaurant or business, goes in and uses their service and then writes a review about that service and product. No previous complaint is needed.
 

JLM

Hall of Fame Member
Nov 27, 2008
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No, a reviewer picks a restaurant or business, goes in and uses their service and then writes a review about that service and product. No previous complaint is needed.

Do you think there is a better way?

I only know one and that is locally. The idea is that the reviewer is anonymous and should be treated like a regular customer. They then publish how it went so others can decide if they want to go to that restaurant. A good restaurant owner should value this as much as their health inspections which are posted on the net.

I have a little problem with that. Especially with everything winding up on the internet these days. I'd hate to see someone lose their business because the egg yolks were a little hard.
 

bill barilko

Senate Member
Mar 4, 2009
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I'd hate to see someone lose their business because the egg yolks were a little hard.
Rather disingenuous post-one bad review doesn't mean someone loses much at all-look @ all the bad reviews on a place like Yelp.ca-most of those places are still in business.

There's a right way to respond to operational issues and then there's the idiotic way-which might get you 90 days in the Big House.

I agree that the owner must have mental health issues-and that lawyer of hers doesn't come across as an honest person at all.
 

gerryh

Time Out
Nov 21, 2004
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Do you think there is a better way?



I have a little problem with that. Especially with everything winding up on the internet these days. I'd hate to see someone lose their business because the egg yolks were a little hard.

No, anonymous reviewers are the best way. The business should be treating ALL their customers the same and should be serving them as if each and every one is a potential reviewer.