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    Expansive... Judy Trickett's Avatar
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    Just For The Record......

    The thread has been closed to comment. I think we all know which thread I am talking about. Anyway, I want to make it clear that a dcparent coming on to a PUBLIC site and saying negative, defamatory things is not considered a "review" or "free-speech". According to Canadian Law (and taken from the Canada Law Society):

    What is defamation?

    Defamation is communication about a person that tends to hurt the person's reputation. Defamation is a strict liability tort, which means that the intentions of the defamer are not relevant. The communication must be made to other people, not just to the person it's about. The statement must be false to be classified as defamation. If it is spoken, then defamation is termed “slander". If it is written, it is termed “libel”. It can also be a gesture, which is a type of slander.

    The law protects your reputation against defamation. If someone defames you, you can sue them to pay money (called “damages”) for harming your reputation. You have to sue in Supreme Court, not Provincial Court, and you have to sue within 2 years of the defamation. It is not relevant the timing of when you discovered the defamation. Rather, the limitation period commences on the date the defamatory statement was made or published. For more on the court system, check script 432, called “Our Court System and Solving Disputes.”

    The law doesn't protect you from a personal insult or a remark that injures only your pride; it protects reputation, not feelings. So if someone calls you a lazy slob, you might be hurt, but you probably don't have a good reason to sue. If he goes on to say you cheat in your business dealings, you probably do have a good reason to sue, as long as he says it to someone else, not just to you. If he says it only to you, you can't sue because he has not hurt your reputation.
    As providers we need to start standing up to parents who go out on a limb to purposely hurt our livelihood. We ALL know that the truth usually lies somewhere in the middle and NO parent, regardless of how upset they are, has the RIGHT to publicly defame a provider. If the problems incurred at a daycare were THAT bad then there are proper authoritative entities to contact and report to. Taking grievances to a public forum is ILLEGAL. And as providers we need to start tagging parents for doing this. They do it because we LET them do it. We need to stop being pushovers.

    It's NOT okay.

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