Appellant
Respondent
Background:
Barry Neufeld appealed a Supreme Court of British Columbia ruling that found him liable for defamation against Carin Bondar. The case stemmed from a statement made by Neufeld in which he referred to Bondar as a “strip-tease artist” during an online interview. Bondar argued that the statement harmed her reputation as an educator and school trustee.
Legal Issues:
The key issues were whether Neufeld’s statement was defamatory and whether defenses such as justification (truth of the statement), fair comment (honest opinion on a matter of public interest), and qualified privilege (protection for certain communications made in good faith) applied.
Court's Findings:
The Court of Appeal upheld the lower court’s ruling, dismissing Neufeld’s appeal. It found:
The statement was prima facie defamatory as it could lower Bondar’s reputation.
The justification defense failed because the statement was misleading and not substantially true.
The fair comment defense was rejected since the audience lacked sufficient context to assess its fairness.
The qualified privilege defense did not apply as the statement was made in a widely publicized online interview rather than in a setting of reciprocal interest.
Damages and Costs:
The Court upheld the award of $45,000 to Bondar: $35,000 in general damages and $10,000 in punitive damages, given Neufeld’s recklessness and repeated publication of the defamatory statement. His appeal was dismissed in full.
Court
Court of Appeals for British ColumbiaCase Number
CA49851Practice Area
Tort lawAmount
$ 45,000Winner
RespondentTrial Start Date
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