Sunday , May 16 2021

The programmer gets convincing from a judge for "evasiveness," won $ 1 in defamation defamation

A multimillionaire investor received a $ 1 bribe for defamation while earning a healthy stick from B.C. Judge for his "lack of sincerity with the court".

In a judgment issued Friday, BC Supreme Court judge Neena Sharma reprimanded Miaofe Pan for his behavior during a defamation trial against Vancouver blogger Bing Chen Gao, writing that he is seriously concerned about his credibility.

Although Sharma ruled that Gao had dishonored Pan in two of the 10 online articles named in the lawsuit, she also said that Gao's worst claims about Pan appear to be true – including allegations of tax evasion. She rejected Pan's proposal for damages from 360,000 to 450,000 dollars and said a dollar would be more convenient,

"I am disturbed by the lack of exclusion of the plaintiff with the court, which manifests itself in his testimony and the lack of production documents in this court procedure," Sharma writes.

Of particular concern was his response to Gao's claim that Pan received the Canadian tax benefit, despite his obvious wealth. This was one of the centrers of Pan's defamatory suit, and initially told the court that he did not qualify or got the benefit.

But Pan failed to present all his tax returns to the court, and the judge found that he was probably asking for a child tax.

"His conviction with this court for that matter deserved reprimand, and I refuse to inflict substantial damages on that basis," Sharma writes.

A B.C. The Supreme Court judge ruled that Miaofe Pan probably avoided taxes and claimed a child's tax, despite his wealth. (David Horemans / PS)

She also found that Pan was likely to evade taxes, just as Gao argued in his articles.

And she said that Pan had appeared, and completely invented a story about someone who tried to blackmail him, demanding cash to prevent Gao from writing about him.

"Strengthening all these concerns is my serious concern about the credibility of the plaintiff. From my jurisprudence as a judge-judge and an exclusive factor for the disclosure of evidence, the plaintiff has repeatedly demonstrated in his testimony that he should not respond to the defendant , and indirectly to this court, for his business affairs, "Sharma writes.

Pan held a fundraising for Trudo

Pan is a real estate developer who once hosted fundraising for Prime Minister Justin Trudeau in the western Vancouver Pan Palace. Pan moved to Canada from China over a decade ago – according to his legal submissions, he was involved in "problems" and litigation in his home country.

Another boarding house is the owner of the neighborhood in Vancouver, near Shaunessi, last year was severely damaged by the suspect arson. Four months after the fire, Pan was ordered by the city to repair the property.

Meanwhile, Gao, who uses the name pen Huang Hebei, spent two decades as a journalist in China, and now writes about Chinese media in Canada. He testified that he was writing about Pan because he wanted to expose "troubled" leaders to the Sino-Canadian community.

The lawsuit prompted Gao supporters to assemble against what they described as an attack on freedom of speech. In the summer of 2017, more than 280 people gathered in a Chinese fundraiser and contributed at least $ 69,000 for his defense.

Gao represented himself in court.

The judge says the blogger was not motivated by malice

When Pan filed a lawsuit, he pointed to 10 Gao posts published on the popular Chinese social media website WeChat between 2016 and 2017. Only two of them were found guilty, and the judge said Pan failed to prove that Gao was motivated by malice.

In addition, she said there is little evidence that Pan's reputation as a community leader was actually hurt by the announcements. Even the witnesses who offered evidence on his behalf said they had only temporary suspicions about Pan's character.

"Most say is the fact that the plaintiff was not asked to resign from any position in a community association. He claimed his reputation was damaged, but the associations themselves apparently did not think so," Sharma wrote.

Although Pan complained he had trouble sleeping and suffered from stress and anxiety over the shame caused by the articles, the judge said his credibility problems made it difficult for him to trust him.

"In addition, I would find it at least equally likely (if not more) that stress and anxiety were caused by the claim that he claims that the CTB [child tax benefit], which I have concluded is true, "Sharma said.

Sharma refused to issue a ban on Gao's permanent restriction of disclosing defamatory material to Pan, but she ordered Gao to remove both articles.

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