Chilliwack school trustee Carin Bondar said she was 含羞草研究社渞elieved and vindicated含羞草研究社� after winning her defamation suit against ex-trustee Barry Neufeld.
It was Neufeld含羞草研究社檚 characterization of Bondar on an internet talk show as 含羞草研究社渢hat striptease artist含羞草研究社� 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 含羞草研究社渘o defences were made out.含羞草研究社�
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In his reasons the judge said the impugned words were 含羞草研究社渙bjectively insulting (beyond mere words of abuse that injure a plaintiff含羞草研究社檚 feelings) and demeaning to Dr. Bondar, a woman who was running for school board trustee in her community,含羞草研究社� and noted Neufeld refused to apologize or retract the comment.
The judge含羞草研究社檚 reasons contend Mr. Neufeld was 含羞草研究社渋naccurately equating, or substantially equating, a fleeting image含羞草研究社� of Bondar being shown naked from behind in her science-focused video with that of a 含羞草研究社榮triptease artist.含羞草研究社櫤卟菅芯可鐫
含羞草研究社淭his was an effort to discredit his opponent in a school board trustee election, which crossed the line and constituted defamation,含羞草研究社� 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 含羞草研究社済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.
含羞草研究社淚n short, she was not, and did not perform as, a striptease artist in the parody video.含羞草研究社�
Neufeld acted with 含羞草研究社渞eckless indifference as to the truth含羞草研究社� with the comment, the judge wrote, however he noted Neufeld testified that he 含羞草研究社渄id honestly believe Dr. Bondar was含羞草研究社� 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含羞草研究社� Wrecking Ball video.
含羞草研究社淚 am not a striptease artist, nor have I ever been one,含羞草研究社� 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含羞草研究社檚 reputation and hurt her chances of winning the election.
Neufeld had stated in court it was his 含羞草研究社渉onestly held belief 含羞草研究社� 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.
含羞草研究社淎nd I knew my audience would know who I was referring to, but I did not mention her by name,含羞草研究社� Neufeld testified. 含羞草研究社淚t was not mudslinging, it was just a fact as I saw it 含羞草研究社卟菅芯可鐫
The judge accepted his testimony that he subjectively believed it.
含羞草研究社淎lthough he was wrong in that belief, I find that that was his subjective honest belief, and case law 含羞草研究社渞equires that I find that such a subjective honest belief negates the possibility of finding actual malice on Mr. Neufeld含羞草研究社檚 part, and defeats a claim for aggravated damages.含羞草研究社�
The judge also dismissed the argument in Neufeld含羞草研究社檚 defence that Bondar had 含羞草研究社渨illingly entered an ideologically charged political arena含羞草研究社� that is known for use of 含羞草研究社渉arsh language aimed at discrediting one含羞草研究社檚 opponent.含羞草研究社�
含羞草研究社淔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含羞草研究社� from the whole ordeal.
Neufeld said in an emailed statement about the judge含羞草研究社檚 decision: 含羞草研究社淚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!含羞草研究社�
Upon being notified by her lawyer that they had won their lawsuit, Bondar said she felt 含羞草研究社渞elieved and vindicated含羞草研究社� because she had been prepared for the worst. It felt 含羞草研究社渟erendipitous含羞草研究社� as Bondar had just delivered a keynote speech at the Science Talk conference in Portland before a roomful of young science communicators.
含羞草研究社淚t feels healing. Now I can move forward.含羞草研究社�
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