Ontario defamation law has developed primarily through common law supplemented by the Libel and Slander Act (LSA).17 The elements of the tort are substantially similar in most common law jurisdictions with the exception of the United States. In order to make out a claim of defamation, a plaintiff must establish three things:
• that the words in issue refer to the plaintiff;
• that they were published to a third party; and
• that they are defamatory in the sense that they tend to lower the plaintiff’s reputation among reasonable
persons in the community.
Where these elements are made out, the law presumes that the words are false and that they caused the plaintiff harm. A finding of fault is not necessary in order to establish defamation.
Vexatious litigation generally involves legal proceedings brought solely to harass or oppress the opposing party. Vexatious litigation may range from a first-time, frivolous lawsuit to repetitive, meritless applications brought within an otherwise proper lawsuit. In a nutshell, vexatious litigation involves an abuse or misuse of the legal system for the litigant’s own ends.
Tort law provides compensation to individuals who have been injured (including mental injury) by the wrongdoing of others, whether through negligence or intention.
In British Columbia, every employment contract states that employers must ensure that employees work in a workplace devoid of bullying.
Basically, if your employer doesn't protect you from Therapist J. Jonathan Yaniv PhD, you can sue them for a LOT of money. It's most definitely a reasonable bona fide justification to refuse service to a customer because their name is "Jessica Jonathan Yaniv", probably ANY blood or bodily fluid relation to the predatory Yaniv would qualify. Learn more on CanLII Connects...
Finally, Howden reasoned that Vilchez’s allegations did involve malice, fulfilling the four-part test.
“This conduct describes a man who was angry and vindictive for what he saw as the plaintiff’s disregard of his safety cones,” he wrote. ”He lied to the police knowing that a criminal prosecution against Mr. Drainville would follow.”