Court File No (V-20 -6059$06-B00 ONTARIO SUPERIOR COURT OF JUSTICE BETWEE! SHANE DONOVAN, CHRISTINE LORTIE DONOVAN, NICHOLAS LORTIE DONOVAN, SAMUEL DONOVAN and ALICIA DONOVAN Plaintifts -and- NIAGARA REGIONAL POLICE SERVICE, THE REGIONAL MUNICIPALITY OF NIAGARA POLICE SERVICES BOARD and NATHAN PARKER Defendants STATEMENT OF CLAIM TO THE DEFENDANTS ALEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the Plaintiff. The claim made against you is set out in the following pages IF YOU WISH TO DEFEND THIS PROCEEDING, you or an Ontario lawyer acting for you must prepare a statement of defence in Form 18A prescribed by the Rules of Civil Procedure, serve it on the Plaintiff, and file it, with proof of service, in this Court office, WITHIN TWENTY DAYS after this statement of claim is served on you, if you are served in Ontario. If you'are served in another province or territory of Canada or in the United States of America, the period for serving and filing your statement of defence is forty days. If you are served outside Canada and the United States of America, the period is sixty days. Instead of serving and filing a statement of defence, you may serve and file a notice of intent to defend in Form 18B prescribed by the Rules of Civil Procedure, This will entitle you to ten more days within which to serve and file your statement of defence. IF YOU FAIL TO DEFEND THIS PROCEEDING, JUDGMENT MAY BE GIVEN AGAINST YOU IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU. IF YOU WISH TO DEFEND THIS PROCEEDING BUT ARE UNABLE TO PAY,a LEGAL FEES, LEGAL AID MAY BE AVAILABLE TO YOU BY CONTACTING A LOCAL LEGAL AID OFFICE. nov 10 2020 BARBAR/ FRASER DATE: November 10, 2020 Issued by:_ a Registrar St. Catharines Courthouse 59 Church Street St. Catharines, ON TO: NIAGARA REGIONAL POLICE SERVICE 5700 Valley Way Niagara Falls, Ontario L2E 1X8 AND TO: THE REGIONAL MUNICIPALITY OF NIAGARA POLICE SERVICES BOARD 5700 Valley Way Niagara Fails, Ontario L2E 1X8 AND TO: ‘Nathan Parker c/o NIAGARA REGIONAL POLICE SERVICE, 5700 Valley Way Niagara Falls, Ontario L2E 1X81 b) °) d) 3 CLAIM ‘The Plaintiffs, Sergeant Shane Donovan claims: General damages for the sum of $500,000; Special damages in the amount of $500,000; Punitive damages in the amount of $1,000,000; Prejudgement and post judgement interest on the above sums pursuant to the courts of Justice Act; Costs of this action on a substantial indemnity basis; Such further and other relief as this honourable court may deem just and proper. ‘The Plaintiffs Christine Donavan, Nicholas Lortie Donovan, Samuel Donovan, and Alicia Donovan each claim: General damages for the sum of $50,000; Special damages in the amount of $ 50,00 Prejudgement interest on the above sums pursuant to the Courts of Justice Act; Such further and other relief as this Honourable Court may deem just and proper. THE PARTIES ‘The Plaintiff Shane Donovan resides in the region of Niagara and is a Sergeant with the Niagara Regional Police and has been employed by them for twenty one years in various ranks, hereinafter referred to as the Plaintiff Sergeant DonovanThe Plaintiff Christine Lortie Donovan is the wife of Shane Donovan and resides in the Region of Niagara. The Plaintifif, Nicholas Lortie Donovan, Alicia Donovan and Samuel Donovan are the children of Shane Donovan, and reside in the region of Niagara. The Defendant, the Niagara Regional Police Board is responsible at law for the governance, policy and the actions of the Niagara Regional Police, its members and training and supervision and discipline of all officers employed by the Board hereinafter referred to as the Defendant Board. ‘The Defendant Nathan Parker is a Constable for the Defendant employed by the Niagara Regional Police hereinafter referred to as the Defendant Parker. THE EVENTS ‘The Plaintiff, Sergeant Shane Donovan has been a Detective with the Collision Reconstruction Unit for four and a half years of the Niagara Regional Police. ‘The Plaintiff submits and the facts demonstrate that On November 29, 2018, he was working the day shift and his unit was sent to do further reconstruction regarding an collision at 200 Roland Road, in Pelham. He contacted the Acting Staff Sergeant, and requested some officers to block the road to ensure his units safety, for four to five hours in order to undertake the reconstruction and take pictures. The Staffgr 10 12. Sergeant, agreed to send an officer which was the Defendant Parker. He also provided acting staff sergeant his work cell number to give to the Defendant, in case he needed to communicate with him, barricades were also requested for safety, which soon arrived and were set up. ‘The Defendant Parker arrived and was directed by the Plaintiff Sergeant Donovan as to where to park his cruiser. The Defendant had to be told three separate times the position his vehicle needed to be in before complying with the order. The Defendant Parker was advised he would be required for four or five hours to block the road, to ensure the safety of his fellow officers while the reconstruction was underway. Despite his instructions, the Defendant Parker left his post without advising Sergeant Donovan or anyone in the reconstruction unit. As a result of this abandonment of his instructions by the Defendant Parker, traffic was driving through the road where the reconstruction unit was trying to perform their measurements and pictures, thus creating dangerous working conditions for the reconstruction unit. The Plaintiff Sergeant Donovan was in proper issue dress for a sergeant that day. He ‘was wearing police issue black cargo pants, black long sleeved shirt with the words “Niagara Regional Police, Reconstruction Unit” on it, detective jacket, where he can pull the flaps in or out to indicate that he is police, standard issue boots, and standard issue lanyard wom around his neck with his warrant card, which has his photograph, badge number, and clearly indicates him to be a Detective Sergeant. Asa detective13, the Plaintiff is required to wear his holster, a pistol, an ammunition pouch and a handcuff pouch. The Plaintiff, as a detective is not required to wear any other use of force. ‘The Defendant Parker was in full uniform including protective vest, duty belt which carries his firearm, in holster, ASP baton, OC spray, and a taser. ‘The Plaintiff Sergeant Donovan was advised that vehicles were driving through the area which should have been blocked off. He investigated as to why the cars were being permitted to travel this road way and discovered that the Defendant Parker had abandoned his post. The Plaintiff Sergeant Donovan sat in his cruiser and waited for the Defendant Parker to come back and was contemplating charges against him for abandoning his post his post. It is common knowledge in this type of scenario to have another officer man your post if you have to step away for a relief. Defendant Parker did not do this, which caused a hazardous work environment for the other officers working the scene. When the Defendant Parker first came and reported for duty arrived, the Plaintiff approached him and advised him if he has to go again, just let him know. The Defendant Parker was given that direction twice. ‘The Defendant Parker responded in aan aggressive fashion, cursing at the Plaintiff. The Plaintiff Donovan reminded the Defendant Parker that he was speaking to a Sergeant. At this point, the Defendant Parker, got out of his cruiser, walked to the front of the cruiser where the Plaintiff Sergeant Donovan was standing and assaulted the Plaintiff Sergeant Donovan byry 16. = raising both hands up and pushing the Plaintiff, Sergeant Donovan on the shoulder and chest area extremely hard which caused him to take a few steps back. The Plaintiff, Sergeant Donovan advised the Defendant Parker that he was under arrest for assault. The Defendant responded by punching the Plaintiff in the head shoulder area. The Plaintiff Sergeant Donovan backed up and attempted to disengage and go into his, vehicle. The Plaintiff backed up and put his hands up saying “ok” and backed up and started to walk back to his vehicle. At this point the Defendant Parker threw another punch hitting the Plaintiff Sergeant in the shoulder area on his left side. The Defendant Parker then threw another punch with a closed fist at the left side of the Plaintiff Sergeant Donovan all the while the Plaintiff was walking away from the Defendant Parker and reaching for the handle of his car door. The Plaintiff Sergeant Donovan threw a punch at the Defendant Parker in his head shoulder area attempting to stop a further assault by the Defendant. The Defendant Parker threw yet another punch at the Plaintiff's left side. ‘The Defendant Parker then drew his ASP, loads it, threatened the Plaintiff with it and came toward Sergeant Donovan to attack him with it. The Plaintiff, Sergeant Donovan drew his service revolver which was his only use of force option and pointed at the Defendant Parker to stop further deadly assault, which at this point was deadly assault. At this point the Defendant Parker stated with intent of extreme malice and harm: “Oh you want to do this”, threw his ASP and pulled out his service revolver. andThe Plaintiff had no bullet proof vest on. The Plaintiff Sergeant19, a) Donovan seeing the lethal threat of the Defendant Parker fired his weapon to stop the Defendant. The Plaintiff had a real fear for his life, and believed if he did not stop the assault upon him he would be killed. The Defendant had a bullet proof vest on. ‘Asa result of the assault by the Defendant Parker, the Plaintiff Sergeant Donovan has suffered soft tissue injuries including bruises and abrasions to his head, neck, chest, back and shoulder. The Plaintiff Detective Donovan has suffered shock, mental distress, anxiety and symptoms of post-traumatic stress disorder as a result of the life threatening assaults, and conduct by the defendants. ‘The Plaintiff states that the deliberate conduct of the Defendant Parker for whom all the Defendants in law are responsible. LIABILITY AND NEGLIGENCE OF THE DEFENDANTS As to the negligence and negligent omissions of the Defendants Niagara Regional Police Board: they failed to properly discipline the Defendant Parker on previous occurrences when they knew or ought to have known he was dangerous and violent;» d) 8) h) i) they failed to properly train the Defendant Parker; They hired and continued to employ the Defendant Parker when they knew or ought to have known he was dangerous; ‘They failed to properly supervise the Defendant Parker; They failed to adhere to enforce or create policy to ensure the Defendant Parker was properly trained , disciplined or supervised; They continued to employ the Defendant Parker when he was known to have an uncontrollable temper and abuse his authority to harm individuals; ‘They failed to war other officers about this Defendant's violent temper and use of violence, and to place measures in place to protect other officers or the public; They failed to place restrictions on and control the Defendant Parker’s interactions with both the public and his fellow employees;id oS) » “10° They hired the Defendant Parker without ensuring he had the requisite temperament to be a police officer; They failed to engage in psychological testing of the Defendant Parker and review on a regular basis despite ongoing issues of violence and temper issues; They provided the Defendant Parker with weapons including an ASP, and gun when they knew or ought to have known, he was too dangerous to carry or possess such weapons. ‘They continue to employ him when he was insubordinate, and failed to adhere to direct orders from his superior, policy and the law; ‘They negligently investigated the Defendant Parker's prior behavior and complaints against him; They failed to conduct drug testing when they knew or ought to have known that the Defendant was taking illegal steroids, which could affect his mood and temperament, causing a dangerous situation for his fellow employees and the public; ‘As to the deliberate and negligent torts of the Defendant Parker: He tried to kill the Plaintiff Sergeant Donovan;b) a) 8) h) dD k) ab He deliberately repeatedly assaulted the Plaintiff Sergeant Donovan; He threatened the life of the Plaintiff Sergeant Donovan; He was insubordinate to the Plaintiff, Sergeant Donovan; He failed to request someone to relieve him so he could leavé his post; He left his post unattended endangering the lives of fellow officers contrary to orders; He had a temper control problem which he failed to advise about or seek help for; He failed to advise that he was having psychological issues and hand in his weapons including taser, ASP and gun, to the Defendant; He had ongoing issues of violence and temper contro] and failed to correct his behaviour; He failed to follow policy and procedures; He committed various assaults which he knew ought to have known was contrary to his duty and oath,1) 23. 25. -12- He filed a false report regarding this incident; DAMAGES ‘The Plaintiff, Shane Donovan has suffered and may continue to suffer in the future career interruption, humiliation and loss of reputation and was suspended with pay from his employment as a result of the untenable position he was placed in as a direct result of the Defendant's egregious conduct as described above. The Plaintiff Sergeant Donovan claims punitive damages as against the Defendants as a result of the high handed malicious harm caused to the Plaintiff Sergeant Donovan particulars of which are described in the aforementioned paragraphs. The Plaintiff Sergeant Donovan states such conduct was egregious, premeditated with intent to kill and/ or seriously harm him. ‘The Defendant board knew or ought to have known from past conduct of the Defendant Parker that this officer was violent, insubordinate and dangerous. As such they knew or ought to have known by their omission to take steps against the Defendant Parker that he could and would cause egregious harm and violence to others including members of the public and his fellow officers. The Defendant board had ample notice and information about previous violence of the Defendant Parker yet wholly failed in protecting the public and/ or fellow officers and the Plaintiff Sergeant Donovan.26. 27. 28. DATE, “13 ‘The Plaintiffs Christine Lortie Donovan, Alicia Donovan, Nicolas Donovan, and Samuel Donovan claim pursuant to the Family Law Act, damages for loss of care, companionship and guidance as a result of the harm caused to the Plaintiff Sergeant Donovan their husband and father respectively. ‘Asa result of the injuries and harm suffered by the Plaintiff Sergeant Donovan he has suffered and will continue to sufifr which will require ongoing medical treatments and counseling Asa further result of the conduct of the Defendants, the Plaintiff Sergeant Donovan has suffered and will continue to suffer income loss and seeks damages for all and any income loss arising out of this incident. Lastly, as result of this incident the Plaintiff Sergeant Donovan will has incurred and will incur special damages, including a security system to protect him, this and further particulars of which will be provided prior to trial The Plaintiffs propose that the trial of this action be held in the City of St Catharines, in the Judicial District of Niagara North, November 10, 2020 MARGARET A. HOY Barrister & Solicitor 6150 Valley Way Suite 207 Niagara Falls, Ontario L2E 1Y7 (905) 354-4414 (Tel) (905) 356-7772 (Fax) Solicitor for the PlaintiffSHANE DONOVAN ET AL Plaintiff Court File No. NIAGARA REGIONAL POLICE SERVICE et. al Defendants ONTARIO SUPERIOR COURT OF JUSTICE PROCEEDING COMMENCED AT ST CATHARINES, ON STATEMENT OF CLAIM MARGARET A. HOY 7207/6150 Valley Way ‘Niagara Falls, Ontario LE TY3 [8 LSUC NO. A027790N | Solicitor for the Plaintitts