03/02/2020 2016 BCSC 686 Pritchard v. Van Nes [3] In totality, the posts on the defendant’s Facebook page made by the defendant and by others, in their natural meaning and by innuendo, bore the meaning that the plaintiff was a paedophile. [4] The defendant’s initial post to her Facebook page was copied by one of the defendant’s “friends” and forwarded to the principal of the school where the plaintiff teaches. [5] I will say at the outset that the defendant’s allegations concerning Mr. Pritchard’s behaviour and these attacks on his character were completely false and unjustified. Mr. Pritchard has, as a consequence of the defendant’s thoughtless, reckless actions, suffered serious damage to his reputation, and for the reasons set out herein he is entitled to a substantial award of damages. [6] Mr. Pritchard filed a Notice of Civil Claim on June 13, 2014 against Ms. Van Nes, claiming damages for nuisance and defamation. Ms. Van Nes did not defend the action, and on July 29, 2014 Mr. Pritchard obtained default judgment against her for damages and costs to be assessed. [7] In this trial, Mr. Pritchard seeks orders for a permanent injunction, assessment of damages, and special costs. Ms. Van Nes attended at trial. She did not seek an adjournment and did not seek to have the default judgment set aside. Despite her not having defended the action, she was granted leave to cross-examine witnesses and to make a closing submission to the Court. Background [8] At the time of these events, in 2014, Mr. Pritchard was a 52 year-old middle school music teacher, having been in that position for about 3 years. He holds Bachelor of Arts, Bachelor of Education and Master of Education degrees. The school has about 600 students. [9] In 2008, Mr. Pritchard, his wife, and two sons moved in next door to Ms. Van Nes and her family in Auguston, a subdivision of Abbotsford, B.C. Both parties continue to reside as neighbours till this day. At that time he was working for the RCMP as a curriculum developer. He did volunteer work with the middle school’s jazz band program when one of his sons was attending there, became attracted to the music program, and eventually applied for and obtained a teaching position at the school. Mr. Pritchard continues to work at the middle school today. [10] Prior to the Facebook post, Mr. Pritchard actively participated in extra-curricular activities, working with junior and senior concert bands involving over 100 students, a student choir, a jazz band, a rock band, and three drum lines involving over 70 students. As testified to by his school principal, Mr. Horton, the music program at the middle school grew significantly because of Mr. Pritchard’s efforts. As evidenced in appreciation letters Mr. Pritchard received prior to the Facebook post, he has been much admired by his students, the students’ parents, and his colleagues. Evidence as to Nuisance Claim [11] Problems between the two neighbours began in 2011 when Ms. Van Nes and her husband installed a large fish pond along her rear property line. The structure is on two levels, with water flowing along its length of approximately 20 or 25 feet, and flowing over two waterfalls. The https://www.bccourts.ca/jdb-txt/sc/16/06/2016BCSC0686.htm 2/26