Neufeld v. Bondar
Barry Neufeld
Law Firm / Organization
Not Specified
Lawyer(s)

Paul E. Jaffe

Carin Bondar
Law Firm / Organization
Allevato Quail & Roy

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 of Appeals for British Columbia
CA49851
Tort law
$ 45,000
Respondent