- May 27, 2024
- Posted by: legaleseblogger
- Category: Related News
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# Situation Overview
I, F(31) and my husband, M(36), are parents to two children, F(4) and M(2). Our daughter, who is autistic and very limited verbally, attended a daycare with positive reviews and seemed to be a happy place for kids. However, our trust was shattered when one day my husband picked her up and found her in distress, with visible signs of abuse. This traumatic incident has had lasting effects on our daughter, causing her immense stress and fear.
## Impact on Our Daughter
The abuse our daughter suffered at daycare has left her emotionally scarred, resulting in physical evidence of scratches, bruises, and a fear of touch. The aftermath of this incident has led to her developing white hair from the stress, panic attacks at the mention of school, and a general aversion to any form of schooling.
### Legal Actions Taken
In response to this horrifying situation, we reached out to children’s aid in Toronto, but due to a lack of speaking ability on our daughter’s part and uncooperative staff members, no charges were pressed. It was later revealed that the same teacher who abused our daughter had also mistreated two other children, further highlighting the negligence of the daycare.
#### Seeking Justice and Warning Others
Despite our efforts to seek justice and compensation for our daughter’s therapy expenses, the daycare’s lack of accountability and threatening behavior towards us have left us feeling helpless. In an attempt to warn other parents about the dangers lurking within this daycare, I wrote a detailed review on Google, only to receive a legal threat of defamation. This has put us in a difficult position where we feel morally obliged to warn others but fear potential legal repercussions.
### How AI Legalese Decoder Can Help
In this legal battle against the daycare threatening us with a defamation lawsuit, the AI Legalese Decoder can assist us in understanding the complicated legal jargon and ensuring that our rights are protected. By using this tool, we can decipher the legal implications of our actions and make informed decisions about the best course of action to take. With the support of AI technology, we can navigate through this challenging situation with clarity and confidence.
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****** just grabbed a
>Can i really be sued ?
Yes.
Obviously we don’t know if they have a case. We don’t know what you said. Though your story here has room for perhaps some concern.
Will you be sued? We can’t know. Lots of people who threaten to sue are full of it.
Defamation looks pretty different in Canada. You should probably post to /r/legaladvicecanada.
It’s unclear from your wording whether you hired a lawyer and whether you settled with the school on monetary payments. If the answer to either question is yes, then you really need to discuss this with your attorney (or take down your review).
In the US, if you reached a monetary settlement, then you almost certainly would have agreed not to disparage the school. I can’t imagine it would be different in Canada.
Truth is an antidote to defamation. The burden of proof would be on them. Any defamation case would certainly involve a rigorous discovery process where each side would get to request evidence to prove their case from the other. This daycare obviously would not want this. They are either bluffing or stupid. Leave the review up. Consult a lawyer. Potentially look into suing them for the abuse your daughter faced.
NAL-My advice find the governing body responsible for investigating child abuse there like children and youth equivilant and get them involved like ASAP if they were not already. Having more than one source that documents the place and can spot trends etc would be incredibly helpful to you and keeping the kids safe regardless of this situation.
Not a lawyer and not a Canadian. You may get sued but it sounds like this day care has way bigger problems than a Google review. What could come out from their side in discovery would probably be even worse for their* reputation.
*edit: mistyped
Its not defamation if its true, you need a lawyer, not the one you have , one thats on the same page as you
Can they sue you yes, doesn’t mean they will as could be an empty threat and doesn’t mean they would succeed even if they do as you presumably have documented proof i.e. Daycare footage from the day of incident if they have cameras even if only out front, documentation from hospital or doctors to document injuries aswell as pictures taken by yourselves at the time, you and partner documenting how she has been affected since aswell as how she was day of and evidence of correspondence with daycare regarding it etc
Go r/legaladvicecanada dont know how to make it a link, but they could help with more specific legal advise and possibly be able to help you find a lawyer, maybe even a pro bono lawyer
Best of Luck to you, your partner and your child my heart goes out to your little girl and to you and your partner as parents, I am so sorry she went through that, stay strong you are an amazing parent
You can always be sued. The real question is whether your claims are defensible.
I looked it up and each province is different but here is an example: There are three situations where the author of a defamatory remark could be civilly liable under Quebec law: (1) a person makes an unpleasant remark knowing that it is false, with intention to harm; (2) a person spreads unpleasant statements that they should have known to be false, as a reasonable person would have reason to doubt the truth of the information; and (3) a person intentionally makes an unfavourable but true statement about the third party, without any valid reason to do so
Burden of proof: In Canadian common law jurisdictions, the plaintiff in a defamation claim must prove three elements: (1) that the impugned words were defamatory, in the sense that they would tend to lower the plaintiff’s reputation in the eyes of a reasonable person; (2) that the words were in fact referred to the plaintiff; and (3) that the words were published, meaning that they were communicated to at least one person other than the plaintiff (Grant v Torstar Corp., 2009 SCC 61)
It sounds like this review falls under Ontario’s *Protection of Public Participation Act* which protects you from legal action that may come from leaving a review like you did.
You also mentioned that you spoke to some other parents who were having problems with the daycare. This can be used as evidence that you believed your statements to be true, so no defamination.
That being said, anyone can *threaten* to sue, it doesn’t mean they’ll actually do it. They’re probably just trying to scare you into removing it.
NAL. If your claims of abuse are substantiated and documented, and your review did not stray from what is provable… yes, they can sue for defamation but would probably lose. You can also counter sue for damages. Did you file a police report for the abuse?
I’d say go ahead because the discovery is gonna be amazing.
Oh and does Canada have where defendant can get attorneys fees paid when they win?
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For better or worse, there are some allegations that are incredibly damaging even if they are untrue or not proven if they are made public.
It would be a very poor business decision for a business that deals with children to sue someone accusing them of child abuse unless it’s very straightforward for them to demonstrate the accusations are false and malicious.
These lawsuits are the kind of thing newspapers like to report on – it’s a prime example of the Streisand Effect.
Who would ever take their child to a daycare that has been accused of abusing a special needs child and then suing the parents?
I don’t have legal advice but remember the above when evaluating the seriousness of their threat of a lawsuit.
I’m American so I don’t really know how it works in Canada but are there any lawyers in your area that specialize in disability cases/child welfare? Those would probably be your best bet since it seems this institution has a history of targeting those that can’t speak up and a lawyer that hasn’t handled a case with disabled/young children might not be as helpful
They can try to sue but likely will be thrown out. I’m unsure of Canadian law but in the US it isn’t defamation if the statements can’t be proven as true or false or if the statements can be proven as true. Given reports were filed I’m sure you’re fine. I’d also threaten to sue over distress they’ve caused and I’d follow through on that threat.
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