03/02/2020
2016 BCSC 686 Pritchard v. Van Nes
[Citations omitted.]
[122] The seriousness of Ms. Van Nes’ defamatory Facebook post, her replies, and the comments
of her “friends” cannot be overstated. An accusation of paedophilic behaviour must be the single
most effective means of destroying a teacher’s reputation and career, not to mention the
devastating effect on their life and individual dignity. The identity of Mr. Pritchard is especially
relevant in this case. Through his engagement in extra-curricular activities he occupies a position of
trust as a music teacher for children. Through hard work and dedication to his students, he had
earned the community’s respect and admiration, as clearly established on the evidence. I find that
he now faces the challenge of repairing the damage Ms. Van Nes has caused, if that is even
possible at this point.
[123] The vehicle through which Ms. Van Nes chose to publicize her defamatory accusations
provided the court with further evidence of the damage to his reputation; that there were individual
replies from 37 of Ms. Van Nes’ Facebook “friends” within less than 24 hours clearly documents the
quick degradation of Mr. Pritchard’s estimation in the eyes of others.
[124] To say the least, recovering from false allegations of impropriety against children will not be
easy for Mr. Pritchard. It is to be hoped that these reasons for judgment will assist. But the taint of
suspicion is not easily expunged, and the reality is that regaining the stellar reputation he once
enjoyed will not be quick or easy. In Hill v. Church of Scientology of Toronto, [1995] 2 S.C.R. 1130,
the pervading nature of defamation and its long term impact was succinctly stated:
[166] …A defamatory statement can seep into the crevasses of the subconscious and lurk
there ever ready to spring forth and spread its cancerous evil. The unfortunate impression left
by a libel may last a lifetime. Seldom does the defamed person have the opportunity of
replying and correcting the record in a manner that will truly remedy the situation.
[125] I have no difficulty in concluding that the defendant’s conduct had a devastating impact on
the plaintiff, which continues to this day and will continue into the future. That factor, in and of itself,
merits a significant damages award.
[126] The plaintiff asks that I go further and award an even higher amount of general damages by
reasons of aggravation. I am asked to find that the defamatory material itself supports the
conclusion that the defendant’s conduct was motivated by actual malice aimed at ruining his
professional and personal reputation.
[127] An increase in the award for general damages on account of aggravation must be based on
a finding that the defendant was motivated by actual malice, established through intrinsic or
extrinsic evidence: as stated in Hill:
190. If aggravated damages are to be awarded, there must be a finding that the defendant
was motivated by actual malice, which increased the injury to the plaintiff, either by spreading
further afield the damage to the reputation of the plaintiff, or by increasing the mental distress
and humiliation of the plaintiff … . The malice may be established by intrinsic evidence
derived from the libellous statement itself and the circumstances of its publication, or by
extrinsic evidence pertaining to the surrounding circumstances which demonstrate that the
defendant was motivated by an unjustifiable intention to injure the plaintiff.
[Citations omitted.]
https://www.bccourts.ca/jdb-txt/sc/16/06/2016BCSC0686.htm
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