A former mayor of Harrison Hot Springs has been ordered by the B.C. Supreme Court to pay $160,000 in damages for defaming a local resident. Justice Mark Underhill ruled that John Allen made false and harmful statements about Freddy Marks between 2018 and 2023, including calling him a con man, a liar, and comparing him to Hitler's brownshirts.
Background of the Case
Freddy Marks, a longtime realtor in the village, immigrated to Canada from Germany. He had served in the German army, and crucially, two of his great-uncles were executed by the Nazis for their involvement in the Dutch resistance. The judge noted that this family history made the Nazi comparisons particularly damaging.
Defamatory Statements
Allen made the comments in a letter, two emails, and two Facebook posts. He referred to Marks as one of those 'con men' in relation to real estate deals and interactions with village officials. After a local meeting, Allen remarked, 'I don't recall the colour of his shirt tonight,' which witnesses understood as a reference to Hitler's brownshirts.
Justice Underhill wrote: 'This case is another unfortunate illustration of the significant harm that can be occasioned by insinuation and innuendo on social media, and the legal risks that individuals face when they choose that form of expression over frank and transparent commentary.'
Damages Awarded
The court awarded Marks $110,000 in general damages and $60,000 in aggravated damages after a 19-day trial. The judge emphasized that Marks did not need to prove specific financial loss to receive general damages. However, there was evidence of severe emotional and physical harm, including panic attacks, sleeplessness, stomach problems, weight loss, and high blood pressure. The Nazi comment had a 'profound impact' on Marks, who testified that in his family, 'that's the worst thing that can happen to you.'
Marks resigned from the village's advisory planning commission and the chamber of commerce after facing questions about Allen's comments. He also stopped volunteering and going out in public.
Judge's Remarks on Allen's Conduct
Justice Underhill described Allen's behavior as 'high-handed conduct' that increased Marks' mental distress and humiliation. He stated: 'Mr. Allen's hubris, and his resentment toward those who he perceived as challenging or supplanting his once prominent role in the community, is at the heart of this case.'
Allen expressed disappointment through his lawyer, saying he feels 'revictimized' by the lawsuit and is considering an appeal.
This case serves as a stark reminder of the legal consequences of defamatory statements on social media and the lasting harm they can cause.
