Teunis Westbroek Defamation Lawsuit

How it started

Schley and Briuolo control Kelland Foods Holdings Ltd., a development company that owned the Qualicum Foods grocery store, destroyed by fire in 2002. They also ran Quality Foods until selling it to the Jim Pattison Group in 2017. Their claim says the company had recently put forward two proposals on Town-owned land, one of them for the “Bus Garage” property, and that Council rejected both or left them “in limbo”.

Their notice of civil claim, filed in B.C. Supreme Court on April 19, 2021, said Westbroek:

• argued in a closed Council meeting, or the open meeting that followed, that the Town shouldn’t deal with their company because they had “burned down their store”;
• told Mayor Brian Wiese and Councillor Scott Harrison at a restaurant, where others could hear, “don’t forget ‘these guys’ burnt down their store”;
• said similar things in front of the Mayor and senior Town staff.

These were claims, never tested at trial. But Westbroek’s apology admits he made “defamatory statements” to members of Council and senior staff in late 2020 and early 2021.

Sources: Qualicum Beach councillor faces civil claim in B.C. Supreme Court (May 4, 2021) (Parksville Qualicum Beach News); Qualicum Beach mayor settles defamation case with public apology, $130K settlement (Feb 8, 2023) (Parksville Qualicum Beach News); Qualicum Beach mayor apologizes, pays $130,000 for defamatory comments (Feb 14, 2023) (CHEK News)

How it ended

• October 2022: Westbroek was elected Mayor.
• October 18, 2022: questioned under oath by the plaintiffs’ lawyer, he apologized for the first time. His published apology says he “had ample opportunity” to do so earlier.
• February 8, 2023: his apology ran in the Parksville Qualicum Beach News: “I retract these statements and publicly acknowledge that neither Mr. Schley nor Mr. Briuolo played any role in causing the fire.” The trial, set for February 22, didn’t go ahead.

Sources: Qualicum Beach mayor settles defamation case with public apology, $130K settlement (Feb 8, 2023) (Parksville Qualicum Beach News); Qualicum Beach mayor apologizes, pays $130,000 for defamatory comments (Feb 14, 2023) (CHEK News)

What it cost the Town over time

The $10,000 deductible is the only cost to the Town on the record. How much Westbroek’s own lawyers cost, beyond the $2,839 he paid, hasn’t been published. The Town’s insurance spending rose 22.8% the year after the settlement, from $173,265 in 2022 to $212,825 in 2023, but no Town document links that to this claim, and the insurer doesn’t publish how claims affect premiums.

Sources: Media release: Settlement Information (Feb 2023) (Town of Qualicum Beach); 2025–2029 Financial Plan (Town of Qualicum Beach)

Council’s follow-up: Harrison’s motion

Residents wrote to Council about the settlement in March 2023, and the letters were received for information. On March 22, 2023, Councillor Scott Harrison gave notice of a motion. It said the Town’s insurance policy excludes loss from “any intentional, criminal, fraudulent, or malicious act”, and can require the insured to repay the insurer’s defence costs. It asked Council to get written confirmation from the insurer that no costs from the defamation would be directed to the Town. The motion also said earlier correspondence had put the insurer’s costs to defend the claim at $10,000. That figure hasn’t been published anywhere else.

We found no record of a vote. The motion wasn’t on the agenda of the next regular meeting, April 12, 2023, and isn’t mentioned in any public Council minutes from 2023 or 2024. Whether it was withdrawn, dealt with in a closed meeting, or answered by the insurer isn’t public.

Sources: Regular Council agenda, Mar 22, 2023 (letters about the defamation settlement) (Town of Qualicum Beach); Regular Council minutes, Mar 22, 2023 (Councillor Harrison’s notice of motion on the defamation settlement) (Town of Qualicum Beach); Regular Council agenda, Apr 12, 2023 (correspondence log; notices of motion) (Town of Qualicum Beach)

Not the same case: Todsen v. Morse

Searches for “Qualicum Beach defamation” also turn up a 2022 case in which developers Richard and Linda Todsen sued a resident and the Qualicum Nature Preservation Society over social media posts opposing their subdivision. The court dismissed it under B.C.’s law against lawsuits that silence public debate. Westbroek wasn’t a party. He is mentioned only because the defendant relied partly on comments he had made as Mayor. We found no other lawsuit in which he was a party.

Sources: Todsen v. Morse, 2022 BCSC 1341 (Supreme Court of British Columbia)