Carter v. B.C. Federation of Foster Parents Assn.
Page 4
materials. He did not follow this up to see that the direction had been carried out.
While it appears that the forum was reconstituted as a "read only" site in the spring
the spring of 2002, the appellant Carter discovered that the offensive comment
remained on the Federation Forum. The evidence is sparse as to whether or not
anyone accessed this comment on the forum site between 2000 and 2002.
[6]
The appellant commenced a defamation action against the individuals
comprising the Network, and as well sued the Federation alleging that it was
responsible for republishing the defamatory comments in the Bopeep Forum by
disseminating the Network newsletter with its reference to the internet address of the
Bopeep Forum. Later, in 2002, after she discovered that the Dberlane comment
remained on the Federation Forum, Ms. Carter amended her claim to include this
alleged instance of defamation by the Federation. Eventually, the Federation closed
its forum in December 2002. It appears that the directors of the Federation including
Mr. Mynott were of the opinion that the offensive material had been removed from
the Federation Forum as of the year 2000 but became aware that this was not so
when they received notice of the amended statement of claim of the appellant in
May of 2002. Following this, they took steps to have the forum site closed but
apparently encountered some difficulty in achieving this in a timely way.
[7]
Although the appellant now appears to complain that there was not sufficient
material before the trial judge to decide this matter under the provisions of Rule 18A,
this may not have been made very clear to the trial judge, particularly so because
there was a cross application before the judge on behalf of the appellant seeking a
2005 BCCA 398 (CanLII)
of 2000, the offending comment was not removed and remained on the forum. In