Legal Question in Technology Law in Canada

Re: Problems with an internet forum owner/operator

There is probably nothing you can do. Owners of internet forums are generally not liable for what others post there. Your claim that she "methodically and maliciously allowing rumored postings with intent to destroy our business" doesn't really make sense, since it is the authors themselves who seem to be malicious. She is not intervening to protect you, but I don't think she has any obligation to do so. Not protecting someone she has no duty to protect is a far cry from being methodical or malicious.

Even if you did have a viable claim against her, the fact that she is in Canada would probably mean that American courts could to nothing to help you. You would have to turn to the Canadian courts instead.

Even if American courts had jurisdiction, they would *not* "have her site shut down", even if you could prove that she has "malicious intent to destroy [your] reputation and business". The First Amendment protects most speech and *never* permits a court to order an entire business to shut down because of what it says -- let alone what someone *else* says on its web space. You could sue for damages, but you could not win an order that bars the site from operating in the future.

If you want to pursue someone, go after the people who wrote these posts. They seem to be the ones with malicious intent, and they definitely are the ones making these statements about you.