Defamation, libel, slander and breach of privacy are serious matters. Our lawyers tenaciously pursue legal remedies while respecting sensitive client needs.
In today’s digital age, where sensitive personal information is stored electronically, protecting personal information has never been more important.
We assist our clients with compliance matters relating to the application of privacy and data legislation, the development of appropriate policies, and responding to privacy breaches and Freedom of Information requests.
We can help you wade through the ins and outs of privacy and defamation claims.
Defamation can happen verbally, in print or social media and even in a letter or email. You have a right to privacy and a right to protect your future. Our in-depth expertise enables us to handle matters quickly and precisely, so you can move on with dignity and your reputation intact.
Defamation is often referred to as a form of personal injury. While not a physical injury, defamation damages are often covered under personal or business liability insurance policies.
For example, home or rental insurance coverage often takes personal liability into account and a claim against this coverage could include any damages, as well as any legal fees involved. Professional liability coverage, such as errors and omissions insurance or a policy negotiated through membership in a professional association will often cover legal fees and damages. Business insurance may offer another avenue for funding or defending a defamation claim.
Services
- Social media policy development for employers and organizations.
- Representation in social media and general media defamation matters.
- Advising physicians and other health care practitioners on how to deal with privacy breaches including drafting privacy policies for clinics and other health care establishments.
- Tracking down "anonymous" website contributors and publishers. This often involves investigating international internet hosting and email services.
- Representing professionals who have been defamed by clients, patients and others on "rating" websites.
- Representing individuals and organizations defamed in print, email, verbal commentary, media or other publications.
- Representing politicians and those running for elected office in cases involving defamation, libel, slander and breach of privacy.
- Advising media outlets before and after publication of statements and stories.
- Having defamatory statements retracted and removed from public access.
- Seizure of electronic equipment allegedly used to defame, such as laptops and mobile phones.
- Representation in online defamation cases which involve privacy and freedom of information laws from other countries where internet service providers or media outlets are located.
- Claims for breach of privacy under federal or provincial legislation, which may involve information protected by governments, employers and private businesses.
- Negotiating acceptable damages awards in order to prevent matters from going to trial and entering the public record.
- Working with insurance companies and their insured whose coverage may include the personal liability of defamation.
Typical Situations
- A teenager is bullied by classmates on a popular social media site. Photos are altered. Untrue statements are made. The teen and her parents want the postings removed. They also want to ensure other teens aren’t bullied the same way.
- A laptop or USB drive containing personal patient information is stolen from the vehicle of a clinic employee. The clinic must now rectify the privacy breach and notify its patients.
- A website publishes a scathing, anonymous online review of a car mechanic’s services. The review shows up every time the business name is entered into an internet search engine. Business declines, and the owner wants the posting removed.
- A privacy breach occurs at your place of business. You realize that you require the development of a new privacy policy as well as privacy training for your staff.
- A popular newspaper publishes an expose about local political corruption and bribery. The elected officials mentioned dispute the facts, claiming that the negative coverage will hurt their reputations and their chances of re-election.
Recent Cases
Online Defamation
- Helped a young woman who was defamed by an ex-boyfriend on a website. We had the posting removed and resolved the matter quickly and privately.
- A professional was the subject of a very negative anonymous review on a popular “rating” site where opinions are posted. We traced the source of the review and negotiated removal of the posting.
Verbal Defamation
- A high school principal was accused of defaming a teacher who had been suspended over allegations of improper behaviour. The case went to trial, the claim was dismissed and the legal fees were covered by the principal’s insurance.
Email Defamation
- A client found out that her professional skills were being defamed by fellow committee members via email. Harper Grey sued the committee members on her behalf and negotiated a favourable financial award for her.
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