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Domestic Violence Dealing with abuse and violence. Getting support and help.

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Old 08-27-2013, 11:33 AM
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Default False Allegations of Abuse: $125,000 liable for defamation awarded

Sisters who accused uncle of sexual assault ordered to pay him $125,000 | Metro

Quote:
A Superior Court judge has ordered two Ancaster sisters to pay their uncle $125,000 in libel damages after they accused him of sexually assaulting them as children.
The Metro article is limited in content and the Toronto Star article has more details and are from what appears to be the same source:

Ancaster sisters to pay $125K for alleging sexual abuse | Toronto Star

The case law can be found here:

Vanderkooy v. Vanderkooy et al, 2013 ONSC 4796 (CanLII)
Date: 2013-08-15
Docket: 59155
URL: CanLII - 2013 ONSC 4796 (CanLII)
Citation: Vanderkooy v. Vanderkooy et al, 2013 ONSC 4796 (CanLII)

This case law is rather complex. Especially on the issues of memories as "evidence". It is excellent by the way in how the justice breaks down the arguments presented and the two experts.

Interesting quotes like this... (and many more):

Quote:
[134] While Dr. Jaffe testified that traumatic events such as sexual abuse often lead to dissociative memories, and such memories are intrusive, I am not convinced that this assists the defendants in adding to the quality of the narrative of the sexual abuse as described. Dr. Jaffe fairly conceded that while he conducted various psychological tests with their inherent validity markers, he could not opine on the ultimate veracity of these allegations. Dr. Jaffe also agreed that sexual abuse is not the only cause for depression or anxiety. Dr. Jaffe conceded that if an individual believes they were abused yet there was no abuse, they could possibly demonstrate similar symptoms of depression and anxiety. I accept that a person with flawed memories of events long past, if believed, can give all the appearances of authenticity.
The whole investigation into false memories is something I have never seen in case law before. The justice did a brilliant job of balancing the opinions of the two experts and identifying the elements of evidence and how to weigh the evidence presented against them purely being based on "memories".

Some interesting information on "memories" and "false memories" (Elizabeth Loftus):

Elizabeth Loftus: What's the Matter with Memory? - FORA.tv
(Excellent video by the way.)

More on Dr. Loftus:
Elizabeth Loftus - Wikipedia, the free encyclopedia

The case law goes into the elements of "qualified privilege" which is a rather complex concept.

Good Luck!
Tayken
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Old 08-27-2013, 06:42 PM
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Tayken, saw this on CBC website. Posting a link to it now.
Ontario sisters must pay uncle $125K for false sex abuse claims - Hamilton
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Old 08-28-2013, 09:43 AM
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Quote:
[221] I disagree with the plaintiff’s resolute assertion that Jack orchestrated an entire campaign in order to undermine Sarah and Patricia and such demonstrates the intimidation, domination and arrogance of an abuser. In my opinion, there is conjecture but little foundation for the defendants’ claims about any “campaign” by Jack. Quite the contrary, in my opinion, it is the defendants who singularly and collectively set out on both covert and public course of action to tarnish an innocent man’s reputation within and without the large Vanderkooy family, as well as in the community-at-large. Notwithstanding my judgment, Jack’s reputation in the community may continue to be irreparably smeared.
Definitions Related to High Conflict Personalities - High Conflict Institute

Quote:
Distortion Campaign: This is a term coined by Randi Kreger and Paul Mason, the authors of Stop Walking on Eggshells: When Someone You Love Has Borderline Personality Disorder (1998, New Harbinger Publications). This is a frequent occurrence for those with personality disorders, as they aggressively try to persuade others that their cognitive distortions are true. Since their distortions are usually obvious to others as extreme and unlikely, they escalate their emotions to try to persuade others that they are victims. The Targets of their distortion campaigns are often those closest to them who no longer support their cognitive distortions, which feels extremely threatening to the Blamer’s world view. These campaigns often involve spreading rumors to the Target’s extended family members, professionals (therapist, doctor, accountant, and so forth), community, and eventually to the courts.
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Old 10-01-2013, 01:44 AM
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so 2 sisters have personality disorder cause Randi and Paul coined a phrase ?

if he did it then it would be 'normal' for these girls as they mature to start voicing their terror and not immediately facing their abuser

sorry, shrinks and books and quotes are just that , they derive their conclusions just like us from real life - they may play golf while we work at safeway - phd or sweeping floors for a living us humans have instinct and its their/our individual instincts be it fear or anger or whatever that drive us as individuals


I seen shrinks at work in my file, my x wife layed on a couch and they just memo'ed whatever she said for $ so she could attach it too an affidavit , for a buck they can easily be just 1 bar less than slezzy lawyers

sisters will most likely appeal and he will never see a dime as being an uncle he will most likely die first , if convicted he would have seen jail - why didn't they ?

above is a crime either way - what's the sisters motive for lying , inheritance , hate crime ... or telling the truth

Last edited by pokeman; 10-01-2013 at 01:53 AM.
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Old 10-01-2013, 07:01 AM
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Quote:
Originally Posted by pokeman View Post
so 2 sisters have personality disorder cause Randi and Paul coined a phrase ?
Where did anyone say they were "personality disordered" in the thread or materials referenced? The citings provided are based on the theory of high conflict people.

You know, those people who troll threads to try and create conflict by making baseless statements and don't quote people directly?

Elizabeth Loftus' research on "false memory syndrome' is more applicable and is what is referenced in the case law by the way:

Elizabeth Loftus - Wikipedia, the free encyclopedia

Quote:
Originally Posted by pokeman View Post
if he did it then it would be 'normal' for these girls as they mature to start voicing their terror and not immediately facing their abuser
What is discussed in the case law, if you had read it and the full article is "false memory syndrome". See the quotes in red.

Quote:
Originally Posted by pokeman View Post
isorry, shrinks and books and quotes are just that , they derive their conclusions just like us from real life
Actually, the "shrinks" had a profound impact on the justice's decision. The two expert witnesses ("shrinks") were the ones that identified the false memory projection from both sisters and how they couldn't remember with detail events from such a young age etc...

I encourage you to read the whole case law posting and the articles in detail. It may help you in understanding the value this may have to your own struggles.

Quote:
Originally Posted by pokeman View Post
i- they may play golf while we work at safeway - phd or sweeping floors for a living us humans have instinct and its their/our individual instincts be it fear or anger or whatever that drive us as individuals
Huh?

Quote:
Originally Posted by pokeman View Post
iI seen shrinks at work in my file, my x wife layed on a couch and they just memo'ed whatever she said for $ so she could attach it too an affidavit , for a buck they can easily be just 1 bar less than slezzy lawyers
Counter the evidence. Might I recommend again that you retain good counsel in Alberta to assist you with your matter. There are some excellent family law decisions in Alberta. You may want to find a lawyer based on their case law posting and work on case files similar to yours.

Quote:
Originally Posted by pokeman View Post
sisters will most likely appeal and he will never see a dime as being an uncle he will most likely die first , if convicted he would have seen jail - why didn't they ?
Either way, the decision is now a part of the public record. We now have a basis to refute "memories" and can cite experts on their views on memories. Combined with Justice Mossip's quotes on "memories" one can create a very powerful opening statement to any trial where hearsay allegations of abuse are uttered in the court room.

I suspect that pokeman you have had another recent bad experience in the Alberta Family Court System.

Good Luck!
Tayken
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