Legalities, cont’d person defamed. The following statements are not considered defamation: • A statement that is damaging and true is not defamation. For example, stating that a barn is infested with rats may be damaging to the barn owner’s reputation but, if such story is true, it cannot be defamation. • A false statement that is not damaging is not defamation. For example, stating that a horse has four white socks when it has only two, although false, is not damaging. • A false and damaging statement about a large group of unidentifiable persons is not defamation. Defamation must relate to an identifiable person or persons. • A false statement about a dead person is not defamation. Even if you can prove the three elements above, you must still show that the statements harmed you in some concrete way. You must consider how the statements affected you and determine whether you can prove that your life has changed for the worse because people now view you differently. For example, if you’ve lost work or business, been ignored by family and friends, or been harassed as a direct result of the statement, you can consider the statement to be injurious. If you lost work or business, you must be able to quantify how much you lost. You will not likely succeed in defamation if you already had a bad reputation since it will be hard to prove that you were defamed by any particular statement. In addition, if most people didn’t appear to believe the statement, and no real harm came to you as a result of it, you will not likely succeed in defamation. Whenever possible, if you know who is gossiping about you, try confronting that person and asking her to stop. If that doesn’t work, asking a lawyer to write a letter to the gossiper telling that person to stop may be enough to make her think twice about gossiping about you in the future. I would like to thank Nancy Roman for giving me the opportunity to write for Saddle Up this year. Please continue to check out my blog at www.myequinelaw.com for articles on horse-related issues. Harveen Thauli started My Equine Law as a boutique law firm that provides strategic advice to the unique needs of the equine community. Bringing together the two things she loves most, Harveen is both an avid rider and a former owner of a horse whose show name continues as “Legal Affair” as well as a highly qualified lawyer with experience in the areas of personal injury, civil litigation, collections, corporate/commercial and securities law, investigations and professional conduct. This article contains general information only and is based on the laws of British Columbia. It is not intended to provide a legal opinion or advice. Please consult a lawyer before relying on any of the statements made in this article.
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Handlers Equipment
39451 No. 3 Rd. Abbotsford, BC – 604-850-3601 Ext. 225
Aurora Truck Centre Ltd. 2206 Nadina N, Houston, BC – 250-845-7600 Dynamic Power – Kamloops – 250-319-3044 Freeman Machinery Inc.
106-1363 Commercial Way, Penticton, BC – 250-493-0138
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West Coast Equipment
311 Culbertson Way, Princeton, BC – 250-295-0101
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