Chilliwack school trustee Carin Bondar said she was B次元官网网址渞elieved and vindicatedB次元官网网址� after winning her defamation suit against ex-trustee Barry Neufeld.

It was NeufeldB次元官网网址檚 characterization of Bondar on an internet talk show as B次元官网网址渢hat striptease artistB次元官网网址� 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 B次元官网网址渘o defences were made out.B次元官网网址�

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In his reasons the judge said the impugned words were B次元官网网址渙bjectively insulting (beyond mere words of abuse that injure a plaintiffB次元官网网址檚 feelings) and demeaning to Dr. Bondar, a woman who was running for school board trustee in her community,B次元官网网址� and noted Neufeld refused to apologize or retract the comment.

The judgeB次元官网网址檚 reasons contend Mr. Neufeld was B次元官网网址渋naccurately equating, or substantially equating, a fleeting imageB次元官网网址� of Bondar being shown naked from behind in her science-focused video with that of a B次元官网网址榮triptease artist.B次元官网网址橞次元官网网址�

B次元官网网址淭his was an effort to discredit his opponent in a school board trustee election, which crossed the line and constituted defamation,B次元官网网址� 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 B次元官网网址済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.

B次元官网网址淚n short, she was not, and did not perform as, a striptease artist in the parody video.B次元官网网址�

Neufeld acted with B次元官网网址渞eckless indifference as to the truthB次元官网网址� with the comment, the judge wrote, however he noted Neufeld testified that he B次元官网网址渄id honestly believe Dr. Bondar wasB次元官网网址� 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 CyrusB次元官网网址� Wrecking Ball video.

B次元官网网址淚 am not a striptease artist, nor have I ever been one,B次元官网网址� 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 BondarB次元官网网址檚 reputation and hurt her chances of winning the election.

Neufeld had stated in court it was his B次元官网网址渉onestly held belief B次元官网网址� 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.

B次元官网网址淎nd I knew my audience would know who I was referring to, but I did not mention her by name,B次元官网网址� Neufeld testified. B次元官网网址淚t was not mudslinging, it was just a fact as I saw it B次元官网网址�B次元官网网址�

The judge accepted his testimony that he subjectively believed it.

B次元官网网址淎lthough he was wrong in that belief, I find that that was his subjective honest belief, and case law B次元官网网址渞equires that I find that such a subjective honest belief negates the possibility of finding actual malice on Mr. NeufeldB次元官网网址檚 part, and defeats a claim for aggravated damages.B次元官网网址�

The judge also dismissed the argument in NeufeldB次元官网网址檚 defence that Bondar had B次元官网网址渨illingly entered an ideologically charged political arenaB次元官网网址� that is known for use of B次元官网网址渉arsh language aimed at discrediting oneB次元官网网址檚 opponent.B次元官网网址�

B次元官网网址淔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 anxietyB次元官网网址� from the whole ordeal.

Neufeld said in an emailed statement about the judgeB次元官网网址檚 decision: B次元官网网址淚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!B次元官网网址�

Upon being notified by her lawyer that they had won their lawsuit, Bondar said she felt B次元官网网址渞elieved and vindicatedB次元官网网址� because she had been prepared for the worst. It felt B次元官网网址渟erendipitousB次元官网网址� as Bondar had just delivered a keynote speech at the Science Talk conference in Portland before a roomful of young science communicators.

B次元官网网址淚t feels healing. Now I can move forward.B次元官网网址�

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