03/02/2020 2016 BCSC 686 Pritchard v. Van Nes Court of Canada in Whiten v. Pilot Insurance Co., 2002 SCC 18, at para. 13, a punitive damages award must be proportionate to the defendant’s blameworthiness, which in this case is high; the defendant’s vulnerability, which is also high; the harm suffered by the plaintiff, which has been considerable; and the need to publically denounce the defendant and thus bring to the notice of the public the dangers of ill-considered remarks being made in social media and the serious consequences of such conduct. [136] I award the plaintiff additional punitive damages of $15,000. Costs [137] Having made no finding of malice on the part of the defendant, I am unable to find this to be a case of reprehensible conduct deserving of rebuke through an award of special costs. The plaintiff will have his costs, assessed at Scale B. Conclusion [138] Mr. Pritchard is awarded general damages of $2,500 for his nuisance claim. With respect to the defamation claim, he is awarded $50,000, and punitive damages of $15,000. He is also entitled to his costs. [139] There will also be a permanent injunction, enjoining the defendant and owners and occupiers of the property on which the defendant’s residence is located from operating the waterfall structure between the hours of 10 p.m. and 7 a.m. “A. Saunders J.” https://www.bccourts.ca/jdb-txt/sc/16/06/2016BCSC0686.htm 26/26