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Calling rival 91Ƶthat striptease artist91Ƶ costs former B.C. school trustee $45K

Chilliwack school trustee Carin Bondar wins defamation suit over Barry Neufeld91Ƶs talk show comment
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Carin Bondar (Photo: Chilliwack School District); and Barry Neufeld (Photo: Facebook).

Chilliwack school trustee Carin Bondar said she was 91Ƶrelieved and vindicated91Ƶ after winning her defamation suit against ex-trustee Barry Neufeld.

It was Neufeld91Ƶs characterization of Bondar on an internet talk show as 91Ƶthat striptease artist91Ƶ 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 91Ƶno defences were made out.91Ƶ

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In his reasons the judge said the impugned words were 91Ƶobjectively insulting (beyond mere words of abuse that injure a plaintiff91Ƶs feelings) and demeaning to Dr. Bondar, a woman who was running for school board trustee in her community,91Ƶ and noted Neufeld refused to apologize or retract the comment.

The judge91Ƶs reasons contend Mr. Neufeld was 91Ƶinaccurately equating, or substantially equating, a fleeting image91Ƶ of Bondar being shown naked from behind in her science-focused video with that of a 91Ƶstriptease artist.91Ƶ91Ƶ

91ƵThis was an effort to discredit his opponent in a school board trustee election, which crossed the line and constituted defamation,91Ƶ 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 91Ƶgive 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.

91ƵIn short, she was not, and did not perform as, a striptease artist in the parody video.91Ƶ

Neufeld acted with 91Ƶreckless indifference as to the truth91Ƶ with the comment, the judge wrote, however he noted Neufeld testified that he 91Ƶdid honestly believe Dr. Bondar was91Ƶ 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 Cyrus91Ƶ Wrecking Ball video.

91ƵI am not a striptease artist, nor have I ever been one,91Ƶ 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 Bondar91Ƶs reputation and hurt her chances of winning the election.

Neufeld had stated in court it was his 91Ƶhonestly held belief 91Ƶ 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.

91ƵAnd I knew my audience would know who I was referring to, but I did not mention her by name,91Ƶ Neufeld testified. 91ƵIt was not mudslinging, it was just a fact as I saw it 91Ƶ91Ƶ

The judge accepted his testimony that he subjectively believed it.

91ƵAlthough he was wrong in that belief, I find that that was his subjective honest belief, and case law 91Ƶrequires that I find that such a subjective honest belief negates the possibility of finding actual malice on Mr. Neufeld91Ƶs part, and defeats a claim for aggravated damages.91Ƶ

The judge also dismissed the argument in Neufeld91Ƶs defence that Bondar had 91Ƶwillingly entered an ideologically charged political arena91Ƶ that is known for use of 91Ƶharsh language aimed at discrediting one91Ƶs opponent.91Ƶ

91ƵFurther 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 anxiety91Ƶ from the whole ordeal.

Neufeld said in an emailed statement about the judge91Ƶs decision: 91ƵIt 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!91Ƶ

Upon being notified by her lawyer that they had won their lawsuit, Bondar said she felt 91Ƶrelieved and vindicated91Ƶ because she had been prepared for the worst. It felt 91Ƶserendipitous91Ƶ as Bondar had just delivered a keynote speech at the Science Talk conference in Portland before a roomful of young science communicators.

91ƵIt feels healing. Now I can move forward.91Ƶ

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Jennifer Feinberg

About the Author: Jennifer Feinberg

I have been a Chilliwack Progress reporter for 20+ years, covering city hall, Indigenous, business, and climate change stories.
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