This is the legal opinion on the questions you gave me.
Issues:
- Whether you can file a Complaint against all the parties involved if they fail to reply to your demand letter.
- What is the best way to protect your daughter?
- What bars your daughter and you from fully enjoying your rights in/at CTR.
- Additional Issues
Analysis of the Issues:
- Issue 1
When you send a demand letter and the recipient fails to respond to your demands as requested, their failure to respond may constitute admissions by silence. This means, if Amanda, Sydney, and all parties involved in your case fail to react accordingly, the court may consider their actions/inactions (for not responding) as pointing to their liability. It follows; your next option, in this case, is to file a lawsuit against them.
You must note that the purpose of awarding damages in courts is to restore the victims to the position they were in before they were injured. The courts may award compensatory and punitive damages. In your circumstance, Compensatory damages will cover the emotional injury that you and Madison have suffered. Punitive damages (which are meant to punish) are awarded when the defamation is particularly outrageous or severe and can be in the thousands, hundreds of thousands or even millions of dollars. The court can also order that there be no further publications of the defamatory material. Bullying also receives a stern punishment from the courts. New anti-bullying laws and policies are being enacted to help protect against bullying.
In your case, the only remaining avenue for recourse is the courts. In the complaint, you can request the courts to grant you an order to prohibit the defendants from continuing with their actions. For instance, you can ask the court to prohibit Amanda from making unnecessary CTR visits if the said visits contribute to her blameworthy actions. You can also file for money damages for the emotional trouble caused to you by the defendants.
However, if you intend to file a lawsuit, you must ensure that all your claims fall within the permitted time. The law limits the time in which a complainant may raise a case against a defendant. For almost all civil cases, Canada’s law of limitation states that the claim shall only be brought within two years after the commission of the act. The law is also generous towards minors. If you will be complaining directly on behalf of Madison, then the limitation periods would not apply. The law provides in this regard that, “The limitation period established by section 4 does not run during any time in which the person with the claim, is a minor”.
You should note that filing a complaint in your circumstance also comes with its social challenges. For instance, it might harm your marriage. However, obtaining redress for the trouble, you have been subjected to trumps over any inconvenience the lawsuit would bring.
In summary, you may bring a case against the defendants if they fail to respond to the demand letters, so long as you rely on claims whose timelines have not passed.
- Issue 2
Your daughter bears the most harm out of all the goings-on. The defendants’ actions have hampered her experiences at CTR, and she is prone to experience more emotional damage. Even if the court grants your request per your complaint, Madison would be subjected to indifference and negative treatment from Amanda’s sympathizers. Her friends may likely stop communicating and associating with her. In my opinion, a change in the environment would be the best remedy for Madison. Consider moving out with her for a while until the dust settles.
Concerning the equality of treatment, the law does not require a parent/parents to treat their children equally, but fairly. You should note that treating children fairly does not always mean treating them equally. Therefore, under law, your husband has no obligation to subject Madison to the same treatment he made to Amanda. He only must act fairly in his decisions. It follows; we can only request (not demand) for fair treatment of Madison from him.
In summary, you can send a letter to your husband or use any other alternative means to request your husband to facilitate your change of environment to protect Madison and help her heal from the emotional hurt she has experienced all along.
- Issue 3
It is clear from the letters we have drafted to Amanda and Sydney that they indeed engaged in conduct that prevented Madison from having a good learning experience and enjoying CTR facilities. First, they attempted to prevent your daughter from using Stormy. They also ensured that they taint your name in a bid to create a division at CTR. Amanda is also out to intimidate you- this behaviour can be seen when she changed her schedule to meet you as you went to CTR.
For that reason, Amanda and all the other people responsible for the bad conduct shall have a case to answer if you file a complaint against them.
- Additional Issues
You have stated that the potential defendants have blocked you from the company Instagram and social media. If it is a company social media account, the blockage amounts to discrimination and unfair treatment. You have also stated that the tenant of your husband (who is close to Amanda) has denied services to Madison.
The above conducts will further add more weight to your complaint against the defendants. There is no need to send them any other demand letter because they failed to respond to the other demand letters you sent them.
My Opinion, In Summary:
- You can file a Complaint against Amanda and all other persons involved in inflicting the bad treatment to you and your daughter. In the complaint, you can request the court to prohibit any further harmful conduct from the defendants. You can also ask for compensation for the emotional harm you and your daughter suffered.
- To preserve and protect Madison from further emotional harm, you should change the environment. You can request your husband to facilitate the said change. You should also note that your husband is not bound by any legal requirement to treat Madison as he treats Amanda.
- All the actions of Amanda and her friends are blameworthy, and they are liable for their commission. It follows; you have a valid case against them.
- The additional discriminatory behaviour you and Madison are receiving adds on to the defendants’ guilt. Therefore, your case is getting built, and you will have more evidence against them.
Regards, and all the best!
At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, we will be able to prepare the legal document within the shortest time possible.