Chilliwack school trustee Carin Bondar said she was 鈥渞elieved and vindicated鈥� after winning her defamation suit against ex-trustee Barry Neufeld.

It was Neufeld鈥檚 characterization of Bondar on an internet talk show as 鈥渢hat striptease artist鈥� 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 鈥渘o defences were made out.鈥�

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In his reasons the judge said the impugned words were 鈥渙bjectively insulting (beyond mere words of abuse that injure a plaintiff鈥檚 feelings) and demeaning to Dr. Bondar, a woman who was running for school board trustee in her community,鈥� and noted Neufeld refused to apologize or retract the comment.

The judge鈥檚 reasons contend Mr. Neufeld was 鈥渋naccurately equating, or substantially equating, a fleeting image鈥� of Bondar being shown naked from behind in her science-focused video with that of a 鈥榮triptease artist.鈥欌��

鈥淭his was an effort to discredit his opponent in a school board trustee election, which crossed the line and constituted defamation,鈥� 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 鈥済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.

鈥淚n short, she was not, and did not perform as, a striptease artist in the parody video.鈥�

Neufeld acted with 鈥渞eckless indifference as to the truth鈥� with the comment, the judge wrote, however he noted Neufeld testified that he 鈥渄id honestly believe Dr. Bondar was鈥� 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鈥� Wrecking Ball video.

鈥淚 am not a striptease artist, nor have I ever been one,鈥� 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鈥檚 reputation and hurt her chances of winning the election.

Neufeld had stated in court it was his 鈥渉onestly held belief 鈥� 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.

鈥淎nd I knew my audience would know who I was referring to, but I did not mention her by name,鈥� Neufeld testified. 鈥淚t was not mudslinging, it was just a fact as I saw it 鈥︹��

The judge accepted his testimony that he subjectively believed it.

鈥淎lthough he was wrong in that belief, I find that that was his subjective honest belief, and case law 鈥渞equires that I find that such a subjective honest belief negates the possibility of finding actual malice on Mr. Neufeld鈥檚 part, and defeats a claim for aggravated damages.鈥�

The judge also dismissed the argument in Neufeld鈥檚 defence that Bondar had 鈥渨illingly entered an ideologically charged political arena鈥� that is known for use of 鈥渉arsh language aimed at discrediting one鈥檚 opponent.鈥�

鈥淔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鈥� from the whole ordeal.

Neufeld said in an emailed statement about the judge鈥檚 decision: 鈥淚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!鈥�

Upon being notified by her lawyer that they had won their lawsuit, Bondar said she felt 鈥渞elieved and vindicated鈥� because she had been prepared for the worst. It felt 鈥渟erendipitous鈥� as Bondar had just delivered a keynote speech at the Science Talk conference in Portland before a roomful of young science communicators.

鈥淚t feels healing. Now I can move forward.鈥�

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