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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 104032
Experience:  I have been a lawyer since 1985 and have been a professional on this site for 5 years.
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Hi,I am a UK citizen from birth. I got married to a Canadian

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Hi, I am a UK citizen from birth. I got married to a Canadian girl in July 2013 who now lives with me in the UK. We had great problems with our videographer’s called Everlasting Moments from the wedding. We finally got our wedding DVD’s last month. The wedding web site I used in Canada I left a review / feedback informing others of the problems we had. All the points in my review were FACTS and can be proven. Everlasting posted a reply to my review on this web site. The same day I got a personal email from the director threatening a civil law suit against me for “slander” and loss of business $750k as a result of my review unless I take down the review ASAP. I am not threaten by this at all as I only provided facts. My question is can Everlasting Moments take a law suit against me based in the UK and should I be worried about anything seeing as the amount they will claim for is quite high. I have asked a few people here in the UK and been told the following: • If they want to sue in London they would have to bring legal proceedings in the uk • Or start legal in Canada and extradite u to Canada - It will cost them more to sue in the London • Slander is an untrue statement they have made • Plus your comment was a review and your opinion therefore how can a court of law prohibit someone's freedom of speech • So every bad review of a service provider would mean legal action!!! • What they are doing is a threat / duress! That's even worse IE. you can report them!! I have my review, the open reply they made and the directors email as PDF’s I can send so you can read over them. Thanks Pritesh XXX

Thank you for your question. My goal is to provide you with the best possible answer.

To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.

But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Most of what you were told is correct. But they would sue you in Canada and then if they got a judgment would then enforce it against you in the UK.

They will not likley sue though as any lawyer would advise against it. First, the truth is never defamation. Second, an opinion is not defamation. Finally, oner review cannot possibllt cause them a loss of business of $750K.

It is lawful to threaten to sue though.

I suggerst you simply ignore them from now on.
Customer: replied 3 years ago.

Attachment: 2014-12-13_140902_1_-_my_review_posted.pdf

Attachment: 2014-12-13_140918_2_-_nina_moradi_public_reply.pdf

Attachment: 2014-12-13_140930_3_-_paunch_kalia_private_reply.pdf

These are th3 documents - my review - there open reply and the pricate email

Customer: replied 3 years ago.

Attachment: 2014-12-13_140902_1_-_my_review_posted.pdf

Attachment: 2014-12-13_140918_2_-_nina_moradi_public_reply.pdf

Attachment: 2014-12-13_140930_3_-_paunch_kalia_private_reply.pdf

These are th3 documents - my review - there open reply and the private email.

If he does get a judgment would i need to be in Toronto at any point?

I am not able to review documents.

If he sues you then you would have to defend so he doesn't get a judgment.

A trial and all matters leading up to that could be done be web conferece ot telephone conference.
Customer: replied 3 years ago.
Relist: Answer quality.
also as a professional lawyer there are spelling mistakes.
There are spelling mistakes as I've been answering on my iphone.

What more would you like to know?
Customer: replied 3 years ago.

if i copy my review text into this text box can you confirm if its slanderous?

Customer: replied 3 years ago.
“Disaster Beyond A Disaster”
Every couple dreams that their wedding will go perfectly. My biggest concern was always making sure my family in India could experience our wedding festivities in full via the video.
I had been referred to Everlasting Moments by a friend who was also using them for her wedding in 2013, my friend was very insistent on how amazing they were and how well they treated her.
I went in for my initial consultation and met with Paunch and Nina who were very nice and insistent that they would be the best people to film our wedding.
I expressed my genuine concerns and advised them that I wanted to ensure that specific moments were captured throughout the wedding and reception and provided detailed information on this. They assured me that all of the notes and comments I had provided would be relayed to the videographers and everything would be a smooth and seamless process.
The time arrived for our big day and the videographers were there as promised taking footage of all key moments.
I must say the same day edit that was shown in our reception was quite impressive which made a bench mark standard for things to follow: How wrong were we!
Below is a summary of just some of the things that turned out to be a disaster pre / post wedding:
• During the wedding part, the video recorder was left on a stand unattended. This resulted in key moments not been captured due to people standing in front of the camera so all you see are the back of peoples head, even at one point the video man himself was standing right in front of his own camera for over 9 mins..!!!
• Signed contract states work to be completed within 6 months of the wedding ending completed 1 year and 2 months after.
• Due to internal disputes with the video editor and Paunch a new video editor was put on our case – this resulting in very bad footage as he/she was not at any function so was not aware of who key family members were and omitted them for our footage
• We had to go thru over 12 DVD’s four times and note down timings of key moments that we required in our final edit – this was done over 3 times due to simple errors they kept making
• Over 5 missed call appointments with Paunch as he was deemed “busy” at the time of the pre-arranged calls
• Emailed over seven 3 page word documents with required edits as so many mistakes made
• We live in the UK so when we went back to Toronto for a trip to sort out the editing – 2 meetings were cancelled – when we did get into the studio the editor has not even made any corrections and we had to sit with him while he did them from our comments sheet – This happened twice
• Received final draft of short edits – the voice sync was out on all discs – when asked do these not get checked before sending to customers – reply was no – they do not have time and it’s the customers responsibly
• Refused to continue with any work until the final part of the balance was paid – We were hesitant due to the problems caused up to this point but paid as we were assured by Paunch that work would still be carried out until we are satisfied.
• Did not have “stock” of custom DVD’s to burn our long / short edits even thou they knew when we were leaving to go back to the UK and had weeks and weeks’ notice
• Jan 2014 we were asked for photos for our custom DVD’s, they made the cover and we confirmed all ok / March & July we were asked for this again – do the different departments not talk to each other!
• All footage was stored on our personal hard drive we provided them. This caused problems as when we took our hard drive back and more corrections were required we had to go back and drop of our hard drive.
• Signed contract has short edit to be also provided on Blu Ray, we had to chase for this over 6 times before they advised us they could not provide this as quote “we no longer provide the service” – Instead offered footage as Apple High Resolution
• The title of this review is words quoted from my last call with Paunch who made us feel all the problems we encountered was our fault. The cost of the project for Everlasting Moments was more than the amount we paid them as advised by Paunch which seems to anger him in helping us any further.
If this is all true then it is clearly not defamation.
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