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