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