Friday, December 13, 2013

Does Daniel Dale Have A Case Against Rob Ford?

Up until this morning, I thought there was no case. While I am not a lawyer, I have a reasonable amount of familiarity with defamation, either libel or slander, as in the business world, rivals often say untrue things about their competition.

Nevertheless, I have always been told that the final element of a case against someone who potentially slandered or libeled you is that you were damaged by the defamation. That is where I thought Daniel Day had a problem. I do not think that he has been damaged by Rob Ford's remarks.

However, for some reason, probably procrastination, I just googled slander, and here is what the Canadian Bar Association had to say.

"What is libel?
Libel is the type of defamation with a permanent record, like a newspaper, a letter, a website posting, an email, a picture, or a radio or TV broadcast. If you can prove that someone libeled you, and that person does not have a good defence (see the section on defences below), then a court will presume that you suffered damages and award you money to pay for your damaged reputation. But going to Supreme Court is expensive and even if you win, you may not get as much as it costs you to sue. In deciding on damages, the Court will consider your position in the community. For example, if you are a professional, damages may be higher."

As the Guardian of the Emerald City Gates once said: "Well, that's a horse of a different color". And, I think it is, and here is why.

Rob Ford, on Zoomer Television in December, 2013, states that he saw Daniel Day peering into his back yard taking pictures of his property, and, Rob has kids, so, Daniel must be a perve.
However, that peering/picture thing is a previous allegation made by Ford in May, 2012.

Do to the seriousness of the allegations, the incident was thoroughly investigated by the Toronto Police. And, Daniel Dale was completely exonerated of having done any of the things that Ford claims he did.

Now, Ford is the Mayor of Toronto (YIKES, you actually elected this guy), and there is no way that he was unaware of the police findings. Nevertheless, over a year later, he repeats the same already proven false accusations on television.

I do think that Daniel Dale has a case.

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