OMG: The End of the Saga?

Well, this would be the time and place where I would normally be publishing the next installment of the Ohmygod saga. However, earlier this week I received the letter below both at home and via email. I am not entirely sure if it is legitimate, but until I find out, I have decided that it would be best if I discontinued the Ohmygod story.

If this is indeed a “real” letter, there are several aspects that are unclear; are there any lawyers out there who might want to lend a little advice?

I had considered turning the whole story into a book and look to get it published, but this certainly throws the proverbial wrench into the works.no-omg

For those of you interested in reading the rest of the story, I am considering sending it out by email, but I am not sure if that would incur any further aggravation from this lawyer in Toronto. If you want to be put on that list, just leave a comment below (but do not include your email–that is already included when you registered to comment on WordPress).

The whole thing has me a bit spooked and has my wife stressed to the point that she wants me to shut the whole blog down (she tends to over-react a bit).

Here is the letter I received. Let me know what you think and any advice is greatly appreciated. (Just to be safe, I blocked out most of his name below, but I did Google him, and he is indeed a lawyer in Toronto that specializes in defamation. I have placed a call to his office, but he was out of town at the time and the person with whom I spoke promised he would get back to me by this Monday.)

Mr. Jeffrey M. Kralik
XXXXXXXXXXXXXXXX
Philadelphia, PA 19130

Dear Mr. Kralik:

This law firm represents XXXXXXXXXX. If you are represented by legal counsel, please direct this letter to your attorney immediately and have your attorney notify us of such representation.

You are hereby directed to

CEASE AND DESIST ALL DEFAMATION OF 
XXXXXXXXXX’S CHARACTER AND REPUTATION.

XXXXXXXXXX is an educated, respected professional in the community. He has spent years serving the community in his profession and building a positive reputation. XXXXXXXXXX has learned that you have engaged in spreading false, destructive, and defamatory rumors about him on your website, thedrunkencyclist.com (hereby referred to as “your website”).

Under Ontario law, it is unlawful to engage in defamation of another’s character and reputation.  Defamation consists of

(1)  a statement that tends to injure reputation;
(2) communicated to another; and
(3) that the speaker knew or should have known was false.

Your defamatory statements involved numerous situations and comments concerning our client and were presented as facts in numerous “chapters” of your “Ohmygod” series published on your website.

Accordingly, we demand that you (A) immediately cease and desist your unlawful defamation of XXXXXXXXXX (B) immediately remove all previous published references to XXXXXXXXXX and (C) provide us with prompt written assurance within ten (10) days that you will cease and desist from further defamation of XXXXXXXXXX’s character and reputation.

If you do not comply with this cease and desist demand within this time period, XXXXXXXXXX is entitled to seek monetary damages and equitable relief for your defamation. In the event you fail to meet this demand, please be advised that XXXXXXXXXX has asked us to communicate to you that he will pursue all available legal remedies, including seeking monetary damages, injunctive relief, and an order that you pay court costs and attorney’s fees.  Your liability and exposure under such legal action could be considerable.

Before taking these steps, however, my client wished to give you one opportunity to discontinue your illegal conduct by complying with this demand within ten (10) days.  Accordingly, please sign and return the attached Defamation Settlement Agreement within ten (10) days to

Arthur XXXXXXXXXX
XXXXXXXXXX
North York, Ontario  M2N 6S6

I recommend that you consult with an attorney regarding this matter.  If you or your attorney have any questions, please contact me directly.

Sincerely,


Arthur XXXXXXXXXX

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About the drunken cyclist

I have been an occasional cycling tour guide in Europe for the past 20 years, visiting most of the wine regions of France. Through this "job" I developed a love for wine and the stories that often accompany the pulling of a cork. I live in Philadelphia with my lovely wife and two wonderful sons.
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54 Responses to OMG: The End of the Saga?

  1. I remember at 20h33 getting legal papers from a company called Ventes Privees, for use of the words “ventes privees” in the tag line, which was just absurd and slightly illegal of them. Most of the time it’s all a load of bollocks, and as you’ve never actually used the guy’s/girl’s name and few people can infer the actual person from what you write, then it’s unlikely any case can be brought against you, in which situation such letters are only sent to scare you and would not lead to any case being brought. In that sense it’s pretty dodgy ground the legal team are on to send you a letter like that in the first place.

    If you had the cash, time, and energy you’d be within your rights to counter sue them for stress and anxiety, but life’s a bit too short, eh? You’ve picked the best course, just leave it alone for a while…

    Liked by 3 people

  2. Wow, I always thought you did and excellent job with disclaimers, I even remember your saying the character is a combination of people. Good luck!

    Liked by 4 people

  3. Holy cow!! Unreal. UNREAL. But, I agree that you should let it sit for a while. 🙂

    Like

  4. Beth says:

    This must mean you’re a big-time writer now if you’re worth taking to court. 😉

    Liked by 4 people

  5. dwdirwin says:

    Um, April Fool’s?!

    Liked by 3 people

  6. GFwinecountryliving says:

    I’m sorry you are going through this. Ugh.

    Liked by 1 person

  7. GP Cox says:

    Best of luck and get a lawyer. If this person has the same name as your character, it was certainly a coincidence – you did have a disclaimer! Sounds like this person has something to hide!

    Liked by 1 person

  8. Stop it already with the April Fool’s joke and give us the next installment of OMG. 😛

    Liked by 2 people

  9. 1WineDude says:

    Didn’t want to have to do that, but you forced my hand, bro.

    Liked by 2 people

  10. April Fool’s?!

    Liked by 1 person

  11. OMG. Is this an April Fool’s Joke??? If not, NOOOOOOO!!!! I love Ohmygod!!! It would be so sad if you discontinued it! I will immediately be saving all of your stories. LOL! And yes – I want to be on the list!

    Liked by 2 people

  12. Duff's Wines says:

    If it isn’t April Fools, don’t worry. North York is the last place you’ll find a good lawyer.
    Disclaimer: The above is intended as a fictional representation of lawyers from North York.

    Liked by 1 person

  13. Lignum Draco says:

    Well, it’s April 2 here, so if this an April’s Fools joke, it goes back on you. Stay calm and have another glass of Krug.

    Liked by 2 people

  14. talkavino says:

    Happy April Fools day (I sincerely hope, at least)!

    Liked by 1 person

  15. linnetmoss says:

    Would OMG recognize himself? I think not 🙂 But if he did, it was kind of him to confirm that your account is all-too-factual ; )

    Liked by 2 people

  16. Lynn Millar says:

    I’m with linnetmoss that OMG wouldn’t recognize himself. Other than that, I’m hoping April Fools’
    And I so want more. Have a glass of wine and please soldier on or email me future installments. – L

    Liked by 2 people

  17. I’ve only studied the law recreationally, but I say keep going.

    Liked by 2 people

  18. Reading all of these comments are as good as OMG.

    Liked by 3 people

  19. You’ll probably go to jail.

    Liked by 4 people

  20. jimvanbergen says:

    Well, it’s not like I am addicted to this series of articles (ok, I am).
    I do indeed hope it’s an April Fool’s joke, but regardless, I’d like to see a judge review your work, and for the lawyer to explain exactly who he thinks is being defamed.

    Liked by 2 people

  21. dakegrodad says:

    I have enjoyed your “stories” and would love to have them continue here or by email so please put me on your list

    Liked by 2 people

  22. Jennifer says:

    Waiting to hear if it’s an April Fool’s joke…

    Liked by 2 people

  23. Fiona says:

    I missed this when you posted it. Seems I should have an e-mail subscription rather than just relying on the WordPress reader…. An Omygod book. Not fooling around: a great idea. Next, the TV series…. 😉

    Liked by 1 person

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