DEMAND LETTER- XXX….edited

DEMAND LETTER

[Your Address]

Date: [ENTER DATE]

[The Recipients’ Address]

Re: COMPLAINT ABOUT DISCRIMINATION

Dear:


I am writing about the discriminatory conduct that my daughter and I experienced from you. 

I want to state that I find you at fault for subjecting my daughter to such treatment, whose details are outlined below. Further, the said conduct has primarily affected me as well. 

It follows, this letter notifies you of your liability regarding the said conduct(s). Thereby, I demand that you make good your liabilities as discussed below. 

(I have enclosed all relevant documents on all the facts alleged herein.)    

I

FACTUAL BACKGROUND

I will give a chronological outline of events, which will provide a basis for my claims. 

  1. On or about XXX I moved in with my husband and Amanda. Amanda was wroth with me, accusing me of snatching her father from his ex-wife. Consequently, Amanda displayed hostility against me. She screamed at me and hurled insults at me repeatedly. Apparently, this was just the tip of the iceberg- I would experience more harassment in the future.
  2. On or about XXX, the said harassment continued. At that time, I was pregnant with my daughter. In one incident, Amanda called me and screamed at me through the phone. I was so terrified that I thought I would lose my baby.
  1. On or about XXX, another incident happened that equally affected me. I had just given birth to my daughter. On that day, I called my husband’s school (CRT), and somehow Amanda received the call. She yelled at me in front of the workers. Further, XXX allegedly made statements which had the effect of tainting my name, that I was a gold-digger and that I snatched my husband from his ex-wife. She went as far as posting a hate picture of me on her social media account. I also learnt that Amanda said that I would be arrested by the police if I ever called my husband’s school again or if I went there in person.  
  1. On or about XXX, I agreed to take my daughter to CRT. I decided to accompany my daughter there. However, I noticed that every time I went to CRT, XXX would alter her schedule to confront me. This trend continues to date. 
  1. On or about 2014, I stopped taking my daughter to CRT because I did not get along with Amanda. 
  2. However, I took my daughter back to CRT because her friends went there, and she needed a horse to learn. My daughter tried all the horses in the company. Kam, the coach, said that Stormy (whose name at that time was Reggie) is best fit for her. With Stormy, my daughter went to shows and won with it. During that time, someone hid Stormy’s bridle from my daughter so she would not handle it. Clearly, the perpetrator tried to push me and my daughter out.
  3. On or about 2016, Kam took my daughter to a show. Candace and Sydney came to my daughter’s lesson to touch the horse during the lesson. They tried to scare her away by using Stormy. Kam and the Front desk witnessed the incidence. I initiated a complaint, but they did nothing about it.
  1. Consequently, Amanda hid Stormy from me so that my daughter does not use it. She went further to instruct other workers to hate and ignore me. One day she even walked out on me.  She took advantage of the fact that it was her husband’s company. Therefore, all workers feared her. 
  1. On or about 2017, the harassment continued. In one incident, my daughter booked Stormy for her lessons, Kam was the coach. However, Candence (who is Amanda’s friend), gave my daughter a different horse. My daughter got kicked off from the horse because it was not suitable for her. The incident left my daughter very hurt emotionally. I confronted Candence for her unjustified action.
  2. On or about 2018, Amanda, Sydney, Candence, and other kids were having a meeting in the CRT office. Sadly, they chased my daughter, coach Lyne and I away from the meeting. On the next day, my daughter’s locker was broken into. The culprits broke her bridle. I reported the matter to the police. After that, my daughter was given exclusive use of Stormy. Incidental to all that, Sydney wrote a hateful post against my community. Amanda wanted to grant Sydney exclusive use of Stormy. That explains Sydney’s negative feelings. 
  3. Amanda, Sydney, and Candace left CRT. However, she continues to spread hate against me on her Instagram account and in the community.
  4. Amanda still comes to CRT every month. It appears she is determined to taint my name by spreading more rumours about me.
  5. Unfortunately, the kids in CRT know of the happenings. I am afraid they may use that to bully my daughter, who is only ten years old now.

II

DISCRIMINATION

  1. Canada’s anti-discrimination law lists the following prohibited grounds for discrimination: “… race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability… “.  
  1. The law provides that anybody who commits either of the aforementioned prohibited acts is liable for discrimination. The law provides in this regard that, “… For greater certainty, a discriminatory practice includes a practice based on one or more prohibited grounds of discrimination or the effect of a combination of prohibited grounds…”. 
  2. Specifically, denial of service or facilities based on a prohibited ground amounts to discrimination. Further, Section 14 of Canada’s Human Rights Act prohibits harassment in the provision of services. 
  3. The law further authorizes an individual who is discriminated against to bring a complaint against the perpetrator.
  4. Under Section 53 of the Canadian Human Rights Act, a victim of discrimination is entitled to the following remedies: the person causing the discrimination should take measures to redress the said discriminatory act(s), make available the rights demanded by the victim, compensate the victim for any loss or damage they faced as a result of the discriminatory act.
  5.  It follows; you are liable for a violation of the anti-discriminatory law. Your action(s) perfectly fit into the prohibited acts. Notably, you denied my daughter’s access to Stormy. You further went ahead to subject me to harassment by spreading rumours against me in a bid to taint my name. Up to now, you have shown no signs of remorse for your conduct and are still spreading the hate via your social media account.

III

DEFAMATION

  1.  In Canada, defamation is any communication that lowers the reputation or esteem of the victim. The court described it as “… a shameful action is attributed to a man …, a shameful character …, a shameful course of action (he lives on the avails of prostitution), (or) a shameful condition. Such words are considered defamatory because they tend to bring the man named into hatred, contempt, or ridicule. The more modern definition (of defamation) is words tending to lower the plaintiff in the estimation of right-thinking members of society generally….“
  1.  Defamation happens when the said comment is published on a third party. Per Galey, On Libel and Slander, “… the gist of the torts of libel and slander is the publication of matter (usually words) conveying a defamatory imputation…”. Further, the courts base the judgement on the “right-thinking person standard”.
  2. The perpetrator has to prove that the statement they made about the victim was fair comment. In WIC Radio Ltd. v. Simpson, the court held that fair comment includes a matter: of public interest; based on fact; recognizable as a comment; reasonable; free of actual malice. 
  1.  If someone is found liable of defamation, compensatory and punitive damages may be awarded. Punitive damages are awarded when the defamation is particularly outrageous or severe and can be in the thousands or even hundreds of thousands of dollars. The court can also order that there be no further publications of the defamatory material.
  1. Amanda’s action(s) against me perfectly befit defamation. Amanda spread rumours about me that I am a gold-digger and that I snatched my husband from his ex-wife. Amanda also influenced the workers at CRT to avoid me because of the false allegations. Sadly, Amanda has also taken the actions to the internet where she, together with Sydney post (or posted) hatred and defamatory statements against me.

V

PARTICULARS OF INJURY/DAMAGE

  • Your conduct has caused much emotional damage to my daughter. It has also lowered her self-esteem.
  • I have also experienced a lot of mental torture as a result of the continued harassment over all the years. Currently, I cannot get enough sleep because I am afraid my daughter might be subjected to bullying now that the kids at CRT know what has been happening.
  •  As a result of your conduct, some of the mothers of the kids at the school ignore me. Some of them do not speak with me anymore.
  • Your conduct has denied me the opportunity to enjoy fully, my daughter’s growth and schooling. Because I am always apprehensive of what adverse action you might take next.  

VI

COMPENSATION

  1. For all of the injuries my daughter and I have gone through, consequential and incidental to the said actions, and to help prevent the same experience(s) happening to other individuals, I seek you make good your conduct(s) in the following manner: 
  1. THAT you cease and desist, forthwith, from doing any further action aimed at tainting my name.
  2. THAT you cease and desist, forthwith, from doing any further action aimed at hampering my daughter’s experience at CRT. Notably, that you cease and desist from making any further visits to CRT with the aim of influencing any negative conduct towards my daughter.
  3. Tied to ii above, THAT you cease and desist, forthwith, from making any visit, in person, to CRT. Such visits cast apprehension in my daughter’s mind as she suspects you are up to thwarting her learning there.
  4. THAT you issue a formal apology to my daughter and me for ALL the conduct(s), you displayed against us.
  5. THAT you compensate my daughter and I, in a reasonable amount, for the emotional damage you caused us. 
  1. If you do not comply with this request, I will be forced to pursue legal action, which would be detrimental to your reputation. 

Thank you for your prompt attention to this matter.

Sincerely,

________________

[Your Address]

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