An Apology

DurkaDurka

Internet Lawyer
Mar 15, 2006
10,385
129
63
Toronto
I dare anyone to refute the fact that I have gone over Niagara Falls 14x and lived, it is a fact because I say it is, disagree and will bring down the law on ya'll.
 

DaSleeper

Trolling Hypocrites
May 27, 2007
33,676
1,666
113
Northern Ontario,
I dare anyone to refute the fact that I have gone over Niagara Falls 14x and lived, it is a fact because I say it is, disagree and will bring down the law on ya'll.
That's your excuse....
 

Kreskin

Doctor of Thinkology
Feb 23, 2006
21,155
149
63
Kreskin: Does that mean that if I tell everybody on the forum that I'm an astronaut and I flown the space shuttle and if somebody calls me a liar on this I can sue for damages if it happens to be the truth?:lol:
And also if I tried to put the screws to the moderating team by insinuating a threat of a lawsuit on the forum to force them into submission and have my way like an overgrown child?
This to me would mean real Bulsh*t and I wouldn't blame Andem for banning me!!!
DS, did you notice the play in the steering wheel? I told you, that shuttle doesn't feel right. I reported the problem when I flew it to Saturn.
 

DurkaDurka

Internet Lawyer
Mar 15, 2006
10,385
129
63
Toronto
Is he the one that owns the Ice Castle Inn? Nice place.

That is him, indeed. His cleft pallet is a distinguishing feature in my opinion. I want to clarify that his 'suspected" cleft pallet only exists on the internet, therefore I am not liable to the star trek fleet or any other quasi-space kangaroo courts for any slanderous statements in the above paragraph.

:p
 

johnnyhangover

now with added fiber!
Feb 20, 2009
132
4
18
in my house
www.dreadfulmonkey.com
But when somebody makes a factual statement, prima facia it is actionable. The person who stated the facts could be asked to prove them in a court of law. However, action can be launched does not mean that it will be launched. There are several grounds for a suit. One is loss of income, of course. Or you could show that you are likely to lose income in the future because of the untruths. Or it could even be simply defamation of character (a person falsely claiming that another person is not a doctor would come into this category).

I agree with the first two scenarios, as for the third I was almost certain that in Canada you couldn't collect monies for defamation of character. I'll take your word for it 'cause I'm too lazy to look it up.:smile:
 

lone wolf

Grossly Underrated
Nov 25, 2006
32,493
210
63
In the bush near Sudbury
Oh, blow it out your ear, Porter. I FEEL you are just a narcissistic twit craving attention at any cost. Were I the owner of this site, and since you have attempted to escalate your controlling way with threats of legal action - no matter how idle the threat - I would ask you to take your trouble-making arse out the door.
 
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Cannuck

Time Out
Feb 2, 2006
30,245
99
48
Alberta
lies, never happened. :smile:

Well you caught me. I actually shot 23 over. It was a magical night though. Tiger Woods showed up and we got to play a round with him. I figured I could get some pointers so, when I hit my tee shot, on two, out of bounds I said "Tiger, what's the problem. I always have this wicked slice". Tiger informed me, it was my loft. When I chipped 30 yards past the 5th green, I asked Tiger why I always seemed to top my wedge. He said, "It's your loft". On number 8, I was 15 feet from the pin and after I putted, I was 22 feet away. I looked to Tiger for help with my putting but again he informed me that my problem was with my loft.

Finally I said, "Look Tiger, I realize you are the best golfer in the world but, come on....what's with the loft? He said "loft!!!"

Lack

Of

F#@king

Talent
 

Scott Free

House Member
May 9, 2007
3,893
46
48
BC
an insulting statement that does not actually harm someone's reputation is prima facie not libelous."

Quite right Durka, that is why all kinds of name calling goes on and nobody thinks anything of it. But a factual statement is in a different category. Where the clear intent is name calling, a factual statement perhaps may not matter all that much (e.g. your mother wears army boots, while a factual statement, is clearly meant as an insult and may not be actionable).

But factual statements such as somebody is not a doctor, somebody works at such and such a place, they are different thing altogether.

Prima facie means that the argument sounds good on first being heard, that is to say, it probably won't be dismissed out of hand, that is to say it will pass the "snicker" test.

So evidence that is Prima facie is the kind that will be admissible and probably hold up.

For example a child covered in cookie crumbs that claims he hasn't been stealing cookies is not making an argument that is prima facie, it will also doubtlessly fail the snicker test.

I'm not sure what is meant by the quote in which the term is being used (in red). I suspect it is saying that so long as the insulting statement stays away from being libellous it could remain prima facie, that is to say, that there is a certain line which a comment can cross where it becomes libellous and whether it is true or not becomes irrelevant; i.e., as soon as a comment becomes libellous it is no longer prima facie. A good example would be calling someone a "fag," it might be true but so what? It isn't indicative of anything and thus if used to warrant a claim isn't prima facie.
 
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captain morgan

Hall of Fame Member
Mar 28, 2009
28,429
148
63
A Mouse Once Bit My Sister
This thread is just a riot... The notion that there is the potential for legal action that may result in monetary damages being awarded is remarkably naive and simplistic.

Regardless here's a wee hint for anyone that wants to roll the dice in the litigation-lottery.... Not only do you need to provide real and tangible evidence of financial loss to justify a fiscal remedy, a very real opportunity exists that the court (and/or the defendant and their attny) will seek to to establish that the suit was vexatious/frivolous in which case the court can demand court charges and the defense can seek financial damages that relate to the defendant's legal costs.

One more thought for those folks threatening law suits: The courts do not adjudicate conflicts based on fictitious personalities.... Try if you like, but do be prepared to her the term vexatious and frivolous law suit and think about bringing your cheque book to court - it'll save you a second trip later.
 

Extrafire

Council Member
Mar 31, 2005
1,300
14
38
Prince George, BC
Extrafire, the important phrase here is ‘you never believed’. Whatever you believe is your personal opinion. It matters only to you. So you are free to believe anything you want, there is no problem. It is childish, it is puerile (if some poster gives some information about himself, I assume it to be true until it turns out to be false, I give him the benefit of doubt), but it isn’t actionable. I may think that you have two heads and four arms, so what?

It is totally different from saying that you know for a fact that my wife is not a doctor (or that I am not married). Opinions, beliefs etc. are no big deal. Factual statement are a different thing.
My point was that whatever anyone else says is totally irrelevant. You label yourself by your own words. And, quite frankly, the label you have thus affixed to yourself is not as kind as the one Cannuck branded you with.

Your reaction to him was, in your own words, childish, puerile. Grow a pair and start acting like an adult.
 

Extrafire

Council Member
Mar 31, 2005
1,300
14
38
Prince George, BC
Quite right, some judgments are won on the flimsiest of evidence; some others cannot be won even with tons of evidence. It depends upon various factors, the lawyers, the judges, the precedence, the jurisdiction etc.

But the point is, would you take the risk at the end of the day if you were a moderator or an owner? It isn’t worth it. Much better and safer to put an end to such activity.

Owner supports the form out of the goodness of his heart (at least I don’t see any other motive for it). Moderators are volunteers; they donate their time and their efforts. Why would the want this hanging over their heads?
And if I was the owner or mod and you came calling with that kind of threat you would be permanently gone from here forthwith.