[63]
Under s. 4(2)(b), the factor to be considered in favour of the public interest
defendant’s expression.
(a)
[64]
Evidence of Harm and Causation
Mr. Neufeld pleaded generally that he suffered reputational harm and
associated emotional distress due to Mr. Hansman’s statements. He contended that
these assertions were corroborated by a few examples of steps taken against him by
other entities: the Chilliwack School Board sought his resignation and directed him to
stay away from schools (he refused and continued to serve as a trustee); he was
uninvited from an annual trustee meeting; and he was uninvited from delivering high
school commencement addresses. Mr. Neufeld also argued that harm could be inferred
based on circumstantial factors, including the identity of the accuser, the breadth, and
distribution of the statements, and the republication of the statements (Chambers
Judge’s Reasons, at para. 155).
[65]
The chambers judge recognized that Mr. Neufeld was not expected to
present a fully developed damages brief on a s. 4 application (para. 157). Still, he found
that Mr. Neufeld had presented only “bare assertions” of harm, leaving him with
“precious little evidence” to weigh on Mr. Neufeld’s side of the equation under
s. 4(2)(b) (paras. 147 and 152). He found further that, “apart from one paragraph in his
affidavit”, Mr. Neufeld presented no evidence that would link the minimal harm he
alleged to Mr. Hansman’s statements (para. 158).
2023 SCC 14 (CanLII)
in continuing the proceeding is the likely harm to the plaintiff as a result of the
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