Chilliwack school trustee Carin Bondar said she was 乌鸦传媒渞elieved and vindicated乌鸦传媒� after winning her defamation suit against ex-trustee Barry Neufeld.
It was Neufeld乌鸦传媒檚 characterization of Bondar on an internet talk show as 乌鸦传媒渢hat striptease artist乌鸦传媒� during the 2022 school board election campaign that was deemed defamatory by Justice K. Michael Stephens, in his reasons for judgment released April 11.
The judge ordered Neufeld to pay Bondar general damages of $35,000 and punitive damages of $10,000, adding that 乌鸦传媒渘o defences were made out.乌鸦传媒�
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In his reasons the judge said the impugned words were 乌鸦传媒渙bjectively insulting (beyond mere words of abuse that injure a plaintiff乌鸦传媒檚 feelings) and demeaning to Dr. Bondar, a woman who was running for school board trustee in her community,乌鸦传媒� and noted Neufeld refused to apologize or retract the comment.
The judge乌鸦传媒檚 reasons contend Mr. Neufeld was 乌鸦传媒渋naccurately equating, or substantially equating, a fleeting image乌鸦传媒� of Bondar being shown naked from behind in her science-focused video with that of a 乌鸦传媒榮triptease artist.乌鸦传媒櫸谘淮綕
乌鸦传媒淭his was an effort to discredit his opponent in a school board trustee election, which crossed the line and constituted defamation,乌鸦传媒� Stephens wrote in his conclusion.
He said it was not an accurate characterization, and denied all three defences Neufeld presented during the trial of justification, fair comment and qualified privilege.
The judge pointed out the comment did not 乌鸦传媒済ive the factual context for her performance: she was clothed for the vast majority of it; the topic of the spoken words was science-themed; and she did not remove her clothing.
乌鸦传媒淚n short, she was not, and did not perform as, a striptease artist in the parody video.乌鸦传媒�
Neufeld acted with 乌鸦传媒渞eckless indifference as to the truth乌鸦传媒� with the comment, the judge wrote, however he noted Neufeld testified that he 乌鸦传媒渄id honestly believe Dr. Bondar was乌鸦传媒� a striptease artist, and for that reason he denied aggravated damages.
The remark in question was referring to an educational video Bondar made on the topics of evolution and natural selection in 2014, a parody of the Miley Cyrus乌鸦传媒� Wrecking Ball video.
乌鸦传媒淚 am not a striptease artist, nor have I ever been one,乌鸦传媒� Bondar said when she launched the lawsuit, adding she was an adjunct professor in biology at the University of the Fraser Valley. Her lawyer fired off a cease-and-desist letter to Neufeld, suggesting his remark was a deliberate attempt to damage Bondar乌鸦传媒檚 reputation and hurt her chances of winning the election.
Neufeld had stated in court it was his 乌鸦传媒渉onestly held belief 乌鸦传媒� a person who makes a video first scantily clad, then totally nude, except for rubber gum boots, in my mind, that was a striptease artist.
乌鸦传媒淎nd I knew my audience would know who I was referring to, but I did not mention her by name,乌鸦传媒� Neufeld testified. 乌鸦传媒淚t was not mudslinging, it was just a fact as I saw it 乌鸦传媒ξ谘淮綕
The judge accepted his testimony that he subjectively believed it.
乌鸦传媒淎lthough he was wrong in that belief, I find that that was his subjective honest belief, and case law 乌鸦传媒渞equires that I find that such a subjective honest belief negates the possibility of finding actual malice on Mr. Neufeld乌鸦传媒檚 part, and defeats a claim for aggravated damages.乌鸦传媒�
The judge also dismissed the argument in Neufeld乌鸦传媒檚 defence that Bondar had 乌鸦传媒渨illingly entered an ideologically charged political arena乌鸦传媒� that is known for use of 乌鸦传媒渉arsh language aimed at discrediting one乌鸦传媒檚 opponent.乌鸦传媒�
乌鸦传媒淔urther I do not find that Dr. Bondar brought this action for a collateral purpose as Mr. Neufeld contends in his written submissions at trial. While Dr. Bondar was nevertheless elected as school board trustee, she has experienced stress and anxiety乌鸦传媒� from the whole ordeal.
Neufeld said in an emailed statement about the judge乌鸦传媒檚 decision: 乌鸦传媒淚t was disappointing that I lost but not surprising: the judge was a recent Trudeau appointment. If she hopes to collect her damages, she will have to wait in line! Glen Hansman is trying to figure out how to get me to pay $220,000!乌鸦传媒�
Upon being notified by her lawyer that they had won their lawsuit, Bondar said she felt 乌鸦传媒渞elieved and vindicated乌鸦传媒� because she had been prepared for the worst. It felt 乌鸦传媒渟erendipitous乌鸦传媒� as Bondar had just delivered a keynote speech at the Science Talk conference in Portland before a roomful of young science communicators.
乌鸦传媒淚t feels healing. Now I can move forward.乌鸦传媒�
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