An injunction was ordered in B.C. Supreme Court in Nanaimo against a Nanaimo resident to remove several defamatory online videos and posts against the City of Nanaimo's communications manager. (Ian Holmes/NanaimoNewsNOW)

By Ian Holmes

Damaging claims

Judge orders removal of online posts defaming City of Nanaimo manager

Dec 18, 2024 | 5:29 AM

NANAIMO — A B.C. Supreme Court justice gave a one-week deadline for the deletion of several publicly available Facebook posts defaming the City of Nanaimo’s communications manager.

Justice Douglas Thompson swiftly applied an injunction against Dean Leon Propp as part of a civil lawsuit initiated by the City of Nanaimo’s legal counsel claiming defamation against Dale Burgos.

Propp has been a constant, and at times disruptive, fixture at City of Nanaimo council meetings this year, including live streaming meetings to his Facebook account. In a combination of videos and comments on Facebook, Propp defamed Burgos on six occasions between February and September, falsely accusing him of being a pedophile.

“Since Mr. Burgos began his employment with the City, the defendant has made several statements calling Mr. Burgos a pedophile and accusing him of quote ‘sexualizing children’ unquote,” justice Douglas Thompson told court during a 20-minute judgment on Tuesday, Dec 17.

An injunction has been awarded to the City of Nanaimo calling for the removal of several defamatory posts made by Dean Propp. (Dean Propp/Facebook)

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Following an April 22 council meeting in which Propp claimed Burgos was a pedophile in a Facebook video, Propp was hand-delivered a cease-and-desist order from the City.

The elevated civil suit litigation was initiated as a result of Propp’s defamatory crusade continuing.

Burgos, who previously was the head communications official for School District 68, was hired to lead the City of Nanaimo’s team this past January.

In his role with SD68, Burgos supported and promoted the District and School Board’s stance around creating and fostering a gender-inclusive learning environment.

At a July 22 council meeting, Propp stated Burgos raised a “pedophile flag” the previous year outside the school district’s administration office on Wakesiah Ave.

Propp was a regular participant in anti-SOGI demonstrations in Nanaimo in September and October 2023.

A pair of Facebook posts by Propp in September stated Burgos should educate the public on the AAP (Alternative Approval Process) as opposed to “sexualizing children.”

Propp (centre, red coat) in attendance at an anti-SOGI rally at the SD68 Board Office in Nanaimo on Sept. 20, 2023. (Jordan Davidson/NanaimoNewsNOW)

Propp’s response
The defendant’s response to the civil claim freely admitted to the comments made, with Propp’s only defence to the claim being he was exercising his freedom of expression and speech.

He placed a disclaimer on Facebook stating his commentary is for entertainment purposes only, while he also argued there is no evidence his conduct harmed Burgos.

“I consider the harm to Mr. Burgos’ reputation by being publicly labelled a pedophile to be obvious,” countered judge Thompson, who stated there is nothing to suggest Propp’s commentary is remotely factual.

The judge told Propp he could be held in contempt of court if he didn’t remove the “inflammatory” and “defamatory” material.

“He is entitled to his opinion and entitled to freely express his opinion – this freedom does not extend to defaming others without legal excuse or justification,” justice Thompson stated.

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ian.holmes@pattisonmedia.com

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