Plaintiff
Defendant
Background:
The City of Nanaimo and Dale Burgos (plaintiffs) sued Dean Leon Propp (defendant) for defamation. Burgos, a communications manager for the City, alleged that Propp publicly accused him of being a pedophile and "sexualizing children" in statements made at municipal meetings and on Facebook.
Legal Issues:
The key issue was whether Propp’s statements were defamatory and if any legal defenses applied. Propp admitted to making the statements but argued freedom of speech under the Canadian Bill of Rights. The court examined potential defenses, including truth, fair comment, qualified privilege, and responsible communication, but found none applicable.
Court’s Findings:
Justice Thompson ruled that the statements were false, defamatory, and harmful to Burgos' reputation. The judge emphasized that allegations of pedophilia are among the most serious and damaging accusations. The court determined that no reasonable person could view Propp’s statements as fair comment or justified opinion.
Judgment and Injunction:
The court granted summary judgment in favor of Burgos, issuing a permanent injunction prohibiting Propp from making further defamatory statements. Propp was also ordered to remove existing defamatory content from Facebook within seven days.
Costs and Award:
The ruling did not specify a monetary award but focused on injunctive relief. The court warned Propp that non-compliance could lead to contempt of court penalties.
Court
Supreme Court of British ColumbiaCase Number
S101022Practice Area
Tort lawAmount
Winner
PlaintiffTrial Start Date
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