August 17, 2014

 
Fraser Simpson
 

Robert Reuter

 

Sent via: Email
Re: Libellous Web Log


Dear Bob:

Re: Libellous Web Log

It has recently come to my attention that when my name is entered into the “www.google.ca” search engine, the third and fourth entries, or “hits”, direct the searcher to postings created by you. The postings, entitled “Disciplinary Notice” and “Serving the public” respectively, and excerpts from your web log at www.cpaontario.ca (the“Blog”), contain false and defamatory information. The postings specifically libel myself, and contain patent untruths about the course of the litigation against your association.

Libel refers to defamatory words in a broadcast, which encompasses Internet postings. A statement is defamatory if it tends to lower the estimation of a person in the eyes of a reasonable person. Cyber libel (the term used to describe defamation that takes place in cyberspace, meaning through the Internet, includes false and damaging statements made about another person through blogs, chatrooms, on Web sites, or any other Internet-based communication medium) is treated by the courts with the same sanctions used with traditional forms of defamation.

Ontario courts have found that freedom of expression is not a right that has no boundaries. The Decision of Justice Metivier in Warman v. Fromm et al is a case in point. Mr. Warman, a lawyer for the Canadian Human Rights Commission,was libelled by the defendants in various internet postings. The tone in the postings were found to hold Mr. Warman up to ridicule and contempt, and cause his reputation as a lawyer to be negatively affected. The postings were found to be defamatory, and $30,000.00 in damages were awarded against the defendants -- $20,000.00 as general damages and $10,000.00 as aggravated damages. The Court of Appeal upheld Justice Metivier’s decision. A copy of each decision is enclosed for your ease of reference.

The court in Warman agreed that a reputation for integrity and trustworthiness is imperative in the legal profession. The postings on the Blog would clearly lead a reader to think less of Fraser Simpson qualities as an accountant. My reputation is of paramount importance to me, and your postings have the potential to cause me damage.

Hand-in-hand with the false allegations against myself, your postings cast dispersions on my accounting firm as well, and have the potential to cause me significant economic losses.

I am directing this letter to you as the registrant of the URL or domain name and/or the owner and operator of the BLOG. I demand that you immediately delete the above-described injurious and libellous postings from the Blog and ensure that the defamatory statements are no longer accessible through the “www.google.ca” search engine. We also demand that you place a written apology on the home page of the Blog, apologizing for all defamatory, untrue and libellous information you wrongly included.

I require written confirmation that you have complied with my request. If you refuse to do so by Wednesday, August 20, 2014, and choose instead to allow these defamatory postings to continue to damage me, and the firm’s, reputations, I shall feel free to pursue legal action without further notice.

Nothing in this letter should be interpreted as a waiver of any rights to pursue legal remedies for the damages caused by your actions or inactions to date. This is a confidential legal notice and may not be published or disseminated in whole or in part.

Yours very truly,

Fraser Simpson

 

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