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rcinfo

radcan

radiocan

radio canada

la facture

avis

avis négatif

internet

google

commentaire

réseaux sociaux

poursuite

justice

consommation

liberté d'expression

diffamation

commerce

commerçant

service à la clientèle

service après-vente

procès

commentaire négatif

00:00:00

Before buying a good or service, often the first

00:00:02

thing we do is read reviews online.

00:00:05

And this is due to people who take the trouble to

00:00:07

share their experiences, most of the time, to help

00:00:10

others, but this can cause problems for them. Here are two

00:00:12

different stories that have resulted in lawsuits.

00:00:17

- Here, here!

00:00:20

Come here! - Louna has been part of

00:00:22

Samuel Desjardins' family for 5 years. Does she have

00:00:25

a lot of energy? - He's a German Shepherd.

00:00:27

So yes, she has energy to spare.

00:00:30

- Last year, Samuel wanted to fence his land, especially

00:00:33

for Louna. - We wanted to have a fence,

00:00:35

six feet, in black frost. - There, I see that it's

00:00:38

still... The fence is finished there.

00:00:41

- Yes. We did it... we finished it ourselves, basically

00:00:43

. It was a difficult task . We're not... we're not

00:00:46

equipped, and we... We've never done it before either.

00:00:49

- Samuel hadn't planned on doing the work himself. He signed

00:00:52

a contract for nearly $4,700 with Clôture Majestik,

00:00:56

a Terrebonne company run by a certain

00:01:00

Éloé Petit-Trudel. - When the lady came to measure

00:01:03

, we had a good relationship. She seemed

00:01:07

to know her stuff 100%. We were really confident.

00:01:11

- The work was supposed to be done in two stages. But from

00:01:13

the first day, the problems started.

00:01:15

- When my wife arrived at 5 a.m., I asked to take

00:01:18

a look around, see if she liked the fence, because she was the one

00:01:20

who came to me with the photos and she was disappointed.

00:01:22

- Several posts are damaged, which disappoints the couple.

00:01:26

They've already paid $2,300, half of the contract.

00:01:29

- We paid a deposit for the planting of the posts,

00:01:32

then in March, when we signed the contract,

00:01:35

we paid to order the gate on the side,

00:01:38

which was a 12-footer. And then we never got that gate

00:01:41

. I felt... as if we'd been cheated.

00:01:43

And that very evening, I decided to write an email

00:01:46

to the company in question. - Majestik Fence was stung

00:01:49

. - They told us:

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"I'll send you the final invoice, we'll finish...

00:01:54

we'll break the contract." - That's when

00:01:57

the company offered two solutions. The first:

00:01:59

paint the scratches. The second: take back

00:02:02

the posts and refund part of the deposit.

00:02:05

They suggested removing the posts.

00:02:07

- Yes, to remove the posts ourselves, and that there should

00:02:10

be no cement left on them, then they would come and pick them

00:02:13

up, and we'd sort out our troubles there.

00:02:16

- Samuel decides to do some research using the name

00:02:19

"Eloé Petit-Trudel." He comes across reports

00:02:22

from the show La facture. - (Benoît Giasson): She

00:02:25

installs fences all over the

00:02:28

Montreal area. - (Pierre Craig): Eloé

00:02:31

Petit-Trudel has just been sentenced to 14 months

00:02:34

in prison and a fine of just over $4,000. She

00:02:37

was found guilty of fraud and the fabrication and use

00:02:40

of false documents. - (Esther Normand): Her

00:02:42

schemes landed her in prison.

00:02:44

- (client): There's a difference between incompetence

00:02:46

and crime. - We were kind of shocked

00:02:49

. The fact that we have decided to go to the

00:02:52

police station to file an official complaint, since she was

00:02:55

already known for this type of offense. In fact, we decided

00:02:58

to write a comment saying:

00:03:01

It's lucky we can't give zero stars because we

00:03:04

felt... we were robbed. - A Google review that will

00:03:07

cost her dearly. To discuss this, we will meet with lawyer

00:03:10

Véronique Parent, from Option consommateurs. She wrote

00:03:14

a report on online reviews , but she

00:03:17

will not comment on the cases in this report.

00:03:20

Do consumers have the right to criticize

00:03:22

a business on the Internet? - Well, in fact, it's part

00:03:25

of freedom of expression. So, we have the right to express

00:03:28

whether we were satisfied, dissatisfied with a service,

00:03:30

a product. But beyond that, freedom of expression is not

00:03:33

absolute, so it all depends on the manner of doing it,

00:03:36

obviously. - According to Clôture Majestik, Samuel's opinion

00:03:39

constitutes defamation. She claims he's spreading

00:03:42

false information and trying to mislead his customers.

00:03:46

That's why she decided to sue him. What

00:03:49

were they asking you for? - Basically, they were demanding

00:03:52

$15,000 in compensation plus the removal

00:03:54

of the comment. - As an argument in court,

00:03:57

the company says it risks going bankrupt because

00:03:59

of your comment. - I don't believe that...

00:04:02

not at all, not at all! They wanted to pressure

00:04:05

us to let it go, to remove the comment,

00:04:07

and then to stop talking about it. - Eloé Petit-Trudel refused

00:04:10

our interview request. And until recently,

00:04:13

she had no intention of dropping the

00:04:16

defamation action . - It's true that it caused us

00:04:19

a lot of financial stress. It was still thousands

00:04:22

of dollars, tens of thousands of dollars in

00:04:25

legal fees. - Since our interview with

00:04:28

Samuel, things have moved forward. His police complaint was

00:04:31

successful. Éloé Petit-Trudel is indicted for fraud

00:04:34

and his appearance is set for April 16. Meanwhile,

00:04:38

Samuel says he reached an agreement with Clôture Majestik;

00:04:42

which would end the defamation action.

00:04:46

This is a completely different story .

00:04:49

Here, we are not talking about fraud. On one side, we have a customer who

00:04:52

posted a negative review and on the other side, a

00:04:55

bike shop that considers the comment unfair.

00:05:01

- Mountain biking started during the pandemic

00:05:03

for me. I thought: why not give it a try?

00:05:06

- We met Dominique Trudel in a bike shop

00:05:09

near her home. But it was her shopping experience in

00:05:12

another store that was the origin of her comment.

00:05:15

After reflection, we decided not to

00:05:18

name the store to limit the damage.

00:05:21

- The employee who served the accessories was great,

00:05:24

very engaging. But it was when I picked up the bike from the

00:05:28

staff, which was a little more specialized compared to mountain biking

00:05:31

, that things got a little more complicated.

00:05:35

- Several elements have hindered it in relation to the

00:05:38

adjustment of the suspension for example, or even

00:05:40

the telescopic saddle. Elements which are disputed

00:05:43

by the store. - Personally, I had the impression

00:05:46

that I was n't really taken seriously.

00:05:49

The tone of the exchanges is difficult to describe,

00:05:52

but I didn't feel that I was welcomed

00:05:54

in the store. - Then, during its second

00:05:57

descent, one of the screws that holds the suspension came loose.

00:06:00

- When you lose a screw, it's sure that there are several

00:06:02

others, but that puts a flaw in the system, so it can

00:06:05

be quite serious there. - Dominique informs the business

00:06:08

by email. Two days later , without response, she publishes

00:06:12

a review on Google, of which here is an excerpt:

00:06:26

- So my review on Google essentially, I recounted

00:06:29

my experience in the store, the perception that I had.

00:06:32

- According to the owner of the business, the service provided was

00:06:36

impeccable. He writes to us that:

00:06:43

He tries to contact Dominique, without success.

00:06:46

- It's true, I didn't respond to his emails or his calls.

00:06:50

I had resolved my problem with the manufacturer; I

00:06:53

had obtained my screw. So I wasn't going to change my mind.

00:06:58

- The store then decided to file a

00:07:01

defamation lawsuit. It is seeking $15,000 in lost

00:07:04

revenue, following the sharing of false and misleading

00:07:07

allegations . - In my interpretation

00:07:10

of my comment, I was very calm, I related

00:07:13

to the facts. So, I thought it made sense. Honestly,

00:07:16

I didn't think my comment would attract so much attention

00:07:20

. - For their part, retailers

00:07:22

have the right to protect their reputation against

00:07:25

defamatory comments, as Michel Rochette of the National

00:07:28

Retail Council

00:07:31

points out . - A company's reputation can take

00:07:33

years to build, and a single comment can destroy everything,

00:07:35

depending on whether it goes viral or not. So it's very fragile

00:07:38

in a way. And that's also why they must

00:07:40

protect themselves. But basically, a comment should

00:07:43

normally help a company better understand its customer.

00:07:45

But it's very tricky to take the public litigation route

00:07:48

because... it's a double-edged sword

00:07:50

for everyone, anyway.

00:07:53

- To avoid going to court, it's better to watch

00:07:56

what you write, as lawyer Véronique Parent suggests.

00:07:59

- So, precisely, avoid using abusive language,

00:08:02

personal attacks, insults.

00:08:05

This is often severely punished by the courts. Don't

00:08:09

add comments that are false, misleading; so

00:08:12

really stick to the facts. We're here to tell

00:08:15

what we've experienced. After that, each consumer can form

00:08:17

their own opinion. - Dominique Trudel would like

00:08:20

to put this whole story behind her, but she's

00:08:23

not ready to withdraw her comment.

00:08:26

- Do I believe in my comment? Yes.

00:08:28

Do I think my comment should live

00:08:31

on the Google review to inform people? Yes. Do

00:08:34

I think I'll make comments again in the future?

00:08:37

I'm not sure.

00:08:42

- These are two stories we're going to follow.

00:08:45

The way you write a notice is therefore very important, of course.

00:08:47

But if you think you are dealing with a SLAPP lawsuit,

00:08:50

that is, a lawsuit abusive, which aims to

00:08:53

prevent you from expressing yourself, you have rights, and a judge

00:08:56

can dismiss a legal claim against you.

00:08:58

So find out.

Description:

Customers who criticized businesses online are now being sued for defamation. La facture presents two cases where Google reviews triggered a chain of serious consequences. Journalist-Director: Jean-Luc Bouchard For more information, read the full article by our journalist Jean-Luc Bouchard on the Radio-Canada Info platform: https://ici.radio-canada.ca/nouvelle/2156485/avis-negatifs-en-ligne-consequences You can also listen to the interview Jean-Luc Bouchard gave on the Ça s’explique podcast on April 15, 2025: https://ici.radio-canada.ca/ohdio/balados/6108/ca-sexplique-balado-info-alexis-de-lancer/1064439/diffamation-tribunal-poursuite-insulte-mensonge Need advice on writing responsible reviews? Rewatch our Passez le mot segment on posting negative comments online: https://ici.radio-canada.ca/tele/la-facture/site/segments/capsule/492820/passez-mot-avis-negatifs-commentaires-option-consommateurs #google #consumerrights #lawsuit -- Subscribe to our channel: https://www.youtube.com/radiocanadainfo?sub_confirmation=1 Get the latest news by downloading the Radio-Canada Info app: https://ici.radio-canada.ca/appli-info/?utm_source=google-youtube&utm_campaign=nat.pn.applircinfo&utm_medium=interne&utm_term=info-appli&utm_content=fiche-cus Find us on: X (Twitter): https://twitter.com/RadioCanadaInfo TikTok: https://www.tiktok.com/@radio.canada.info

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