Carter v. B.C. Federation of Foster Parents Assn.
Page 3
forums were stored on the web server of an internet service provider known as Blue
[4]
It is common ground that the Bopeep Forum contained a considerable
amount of scurrilous material defamatory of the appellant Carter. The Network at
times material to this action published a newsletter which was received by, amongst
others, the defendant Federation. Contained in the issues of the Network newsletter
was an internet address for the Bopeep Forum and a statement that readers could
check out this forum "for more news" at that address. Staff of the Federation, at the
direction of the board of directors, distributed this newsletter to individual board
members. It was apparently the practice of the Network to widely distribute its
newsletter to media outlets and government agencies such as the Ministry of
Children and Families.
[5]
In February of 2000, a person using the online identity "Dberlane" posted a
comment on the Federation Forum concerning the appellant Carter that, although
not nearly as scurrilous as some of the comments found on the Bopeep Forum, was
arguably defamatory of the appellant Carter. The appellant Carter became aware of
this comment and urged the board of directors of the Federation to shut down the
forum because it was being misused. The host of the forum was a person by the
name of Ospina. A board member charged with responsibility for the Federation
Forum, Mr. Mynott, deposed that he had requested that Ms. Ospina contact the
internet service provider in May 2000 to have the forum temporarily closed and he
deposed that he also requested that Ospina should review materials on it with the
instructions to leave education materials on the forum site and remove other
2005 BCCA 398 (CanLII)
Frogg, which carried on business as Delphi Forums.