Defamation of Character (Canada)

[Serazz]

A friend of mine threatened to sue another friend of mine (Let's call him friend 2) with Defamation of Character. Friend 2 had posted pictures on facebook that showed that Friend 1 had lied for the past 8 months about being pregnant, and that friend 1 had said it only to make her boyfriend stay with her. This might be an asshole move, but friend 1 is also a chronic liar so in my opinion it is not undeserved, and friend 2 had alluded to the lying as well. This is in Canada. Would friend 1 have a legal case?

[Tradewind]

It's generally required that the subject or claim be patently false for there to be grounds for a defamation suit. Since it sounds as if your friend was just lying their ass off and got caught, the only person defaming their character is themselves for being a lying tramp.

Also how did this boyfriend not realize lol...

[Serazz]

Okay, I didn't think so but my friend is slightly worried.

I don't think he was the most intelligent person lol.

[Tradewind]

http://www.cba.org/bc/public_media/rights/240.aspx

has a good bit of information, your friend could sue them, but the defense is quite simple as there is a basis in fact.

[lauragnome]

Couple things:

1) Truth is an absolute defence to defamation in most Canadian jurisdictions. The statements have to be untrue if you want to sue someone for making them.
2) Even if it weren't, to succeed with a defamation suit in most Canadian jurisdictions, the person suing has to be able to show that their reputation was actually damaged, and they usually have to show there's a financial cost to that damage. Simply saying someone was mean to you is wasting the court's time.
3) Never ask for, and absolutely never rely on legal advice offered for free over the internet (including the two previous statements). Many actual lawyers will provide you with a real consultation, free of charge.

[Serazz]

Thanks (:

We have proof that she was lying, so there's not much she can go off of. She's poor too, so hopefully she has some sense not to waste the little money she has suing him when she has very little to go off of.

Edit: the only harm that was done was making some of her friends see that she was lying. She doesn't have a job, and the only bad that came from it was her feelings were hurt.

[bekilrwale]

It's generally required that the subject or claim be patently false for there to be grounds for a defamation suit. Since it sounds as if your friend was just lying their ass off and got caught, the only person defaming their character is themselves for being a lying tramp.

Point and case. I am also wondering how her boyfriend didn't catch the lie after a fair amount of months lol.

[Serazz]

I honestly don't know how he didn't figure it out. She gained weight, and even if a lot of it was in the stomach area, it was all over and it looked quite flabby, not firm like a baby belly. She refused to get an ultra-sound as well, and he had never gone with her when she went to the "doctor". He said that he knew something was off, but I guess he didn't fully get it.

[Arrowspace]

A friend of mine threatened to sue another friend of mine (Let's call him friend 2) with Defamation of Character. Friend 2 had posted pictures on facebook that showed that Friend 1 had lied for the past 8 months about being pregnant, and that friend 1 had said it only to make her boyfriend stay with her. This might be an asshole move, but friend 1 is also a chronic liar so in my opinion it is not undeserved, and friend 2 had alluded to the lying as well. This is in Canada. Would friend 1 have a legal case?

A bit off-topic, but how in the world do you lie about being pregnant for 8 months???
I know some women aren't as apparent as others, but you'd think at 8 months it'd be pretty obvious.


And while I'm no lawyer, I don't really think the Court would find it worth their time.

[semaphore]

You'd think that lying about being 8 months pregnant would be apparent in and of itself. Also, how on earth do you prove someone is not pregnant with a photograph if apparently people can't tell face to face?

[Deleted]

You'd think that lying about being 8 months pregnant would be apparent in and of itself. Also, how on earth do you prove someone is not pregnant with a photograph if apparently people can't tell face to face?

could be a picture of a chat or something.