21-Nov-22

NO.
Court File No. COU-S-S-10606
Courtenay
COURTENAY REGISTRY

IN THE SUPREME COURT OF BRITISH COLUMBIA

BETWEEN:

ASHLEY JORDAN GARLAND

PLAINTIFF

AND:

JOHN DOE and MINISTER OF PUBLIC SAFETY AND SOLICITOR GENERAL

DEFENDANTS

NOTICE OF CIVIL CLAIM

This action has been started by the plaintiff(s) for the relief set out in Part 2 below.

If you intend to respond to this action, you or your lawyer must

(a) file a response to civil claim in Form 2 in the above-named registry of this court within the time for
response to civil claim described below, and

(b) serve a copy of the filed response to civil claim on the plaintiff.

If you intend to make a counterclaim, you or your lawyer must

(a) file a response to civil claim in Form 2 and a counterclaim in Form 3 in the above-named registry of
this court within the time for response to civil claim described below, and

(b) serve a copy of the filed response to civil claim and counterclaim on the plaintiff and on any new
parties named in the counterclaim.

JUDGMENT MAY BE PRONOUNCED AGAINST YOU IF YOU FAIL to file the response to civil
claim within the time for response to civil claim described below.

Time for response to civil claim

A response to civil claim must be filed and served on the plaintiff(s),

(a) if you reside anywhere in Canada, within 21 days after the date on which a copy of the filed notice of
civil claim was served on you,

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(b) if you reside in the United States of America, within 35 days after the date on which a copy of the
filed notice of civil claim was served on you,

(c) if you reside elsewhere, within 49 days after the date on which a copy of the filed notice of civil claim
was served on you, or

(d) if the time for response to civil claim has been set by order of the court, within that time.

CLAIM OF THE PLAINTIFF

Part 1: STATEMENT OF FACTS

1. The Plaintiff, Ashely Jordan Garland, has an address for service at 860 Cliffe Avenue, in the City
of Courtenay, in the Province of British Columbia.

2. The Defendant, Minister of Public Safety and Solicitor General (“MPSSG”), is the proper
defendant in this action, and is vicariously liable for torts committed by provincial constables
pursuant to ss. 11 and 21(4) of the Police Act, R.S.B.C. 1996, c. 367 (the “Police Act”).

3. The Defendant, John Doe, is a member of the Royal Canadian Mounted Police (the “RCMP”) with
the Comox Valley RCMP detachment located at 800 Ryan Road, in the City of Courtenay, in the
Province of British Columbia, and was at the material times on duty and acting in the course and
scope of his duties as a peace officer.

4. The Plaintiff’s date of birth is November 22, 2001, and at all times material to this action was 16
years old.

5. At all material times, the Plaintiff resided with her grandparents in Victoria, BC, and on or around
December 2017, the Plaintiff decided to live independently. Shortly thereafter, the Plaintiff was
reported missing by her grandparents.

6. The Plaintiff, upon seeing the missing persons report, contacted the Comox RCMP detachment,
advising of her decision to live independently. The RCMP requested that the Plaintiff meet an
RCMP officer at the Comox Mall to confirm her wellbeing. The Plaintiff consented to the meeting.

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7. On or about January 4, 2018, the Plaintiff met with the Defendant, John Doe, at the Comox Mall as
agreed upon. At which time, the Defendant, John Doe, requested that the Plaintiff accompany him.
The Plaintiff did not consent to accompany the Defendant, John Doe.

8. The Defendant, John Doe, without reasonable grounds and using excessive force, detained and
arrested the Plaintiff. The Defendant, John Doe, tackled the Plaintiff to the ground, kneeing her in
the spine, and forced her into the police car, causing injury and damage to her ribs and spine.

9. At the police station, the Plaintiff was experiencing extreme pain and requested to attend a hospital.
The Plaintiff was not escorted to a hospital for treatment and was forced to spend the night in a
prison cell while visibly in extreme pain.

10. The Plaintiff was charged with resisting arrest, but the charges were dropped.

11. The false arrest and confinement of the Plaintiff constitutes false imprisonment, particulars of
which include:

(a) The Plaintiff was totally deprived of her liberty;

(b) The deprivation was against her will; and

(c) The deprivation was caused by the Defendants.

12. As a result of the actions of the Defendants, as outlined above, the Plaintiff has suffered and
continues to suffer personal injuries, the particulars of which include, but are not limited to, the
following:

(a) Compression fracture to the spine at L1;

(b) Nerve damage to the spine at L5;

(c) Injury to ribs;

(d) Injury to both wrists;

(e) Contusions and lacerations; and

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(f) And such further and other particulars as Counsel may advise.

13. As a result of the actions of the Defendants, the Plaintiff has sustained and will continue to sustain
pain and suffering, loss of enjoyment of life, loss of amenities and loss of earnings.

14. Further, and as consequence of the actions of the Defendants, the Plaintiff has sustained and
incurred special damages, the particulars of which will be delivered upon receipt.

15. The Plaintiff has received and will continue to receive health care services for the injuries sustained
as a result of the negligence and/or wrongful act of the Defendants. The Plaintiff pleads and relies
upon the provisions of the Health Care Costs Recovery Act, SBC 2008 c. 27, its Regulations or any
amendments thereto.

Part 2: RELIEF SOUGHT

1. The Plaintiff seeks from the Defendants:

(a) an award of damages for

i) non-pecuniary damages;
ii) past and future special damages;
iii) loss of past and future income;
iv) loss of earning capacity;
v) past and future care costs including “past cost of health care services” and the
“future cost of health care services” as defined in the Health Care Costs Recovery Act,
[S.B.C.] 2008 c. 27;

(b) damages pursuant to s.24(1) of the Charter of Rights and Freedoms (the “Charter”);

(c) interest pursuant to the Court Order Interest Act, [R.S.B.C.] 1996, c.79;

(d) the costs of this action; and

(e) such further and other relief as to this Honourable Court may seem just and meet.

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Part 3: LEGAL BASIS

1. Section 14 of the Police Act and s. 20 of the Royal Canadian Mounted Police Act, RSC 1985, c R-
10 authorizes the RCMP to carry out the powers and duties of a provincial police force.

2. The Defendant, John Doe, is a member of the RCMP and was acting at all material times as a
provincial constable within the meaning of the Police Act, RSBC 1996, c. 367.

3. Sections 11 and 21(4) of the Police Act states that the minister, on behalf of the government, is
jointly and severally liable for torts committed by provincial constables.

4. The Defendant, MPSSG, is therefore jointly and severally liable for torts committed by the
Defendant, John Doe.

5. The Defendant, John Doe, committed against the Plaintiff the common law torts of assault, battery,
false imprisonment, and the intentional infliction of mental distress. The Plaintiff relies upon the
common law.

6. The Defendant, John Doe, infringed upon the Plaintiff's rights under Sections, 7, 8, 9 and 12 of the
Canadian Charter of Rights and Freedoms, Part 1 of the Constitution Act, 1982, being Schedule B
to the Canada Act 1982 (UK), 1982, c 11 (the “Charter”). Section 24 of the Charter states that
anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied
may apply to a court of competent jurisdiction to obtain such remedy as the court considers
appropriate and just in the circumstances.

7. Section 21(3)(a) of the Police Act allows that a police officer may be held personally liable for
damages in spite of s. 21(2) protection, when that officer has "...in relation to the conduct that is the
subject matter of action, been guilty of dishonesty, gross negligence or malicious or willful
misconduct".

8. Further, the Plaintiff has received and will continue to receive health care services for the injuries
sustained as a result of the negligence or wrongful act of the Defendant(s). The Plaintiff pleads and

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relies upon the provisions of the Health Care Costs Recovery Act, [S.B.C.] 2008 c. 27, its
Regulations or any amendments thereto.

Plaintiff’s address for service:

c/o Hammerco Lawyers LLP
860 Cliffe Avenue
Courtenay, BC V9N 2J7

Fax number address for service (if any): 250-338-6780

Place of trial: Courtenay

The address of the registry is:

Law Courts, 420 Cumberland Road
Courtenay, BC V9N 2C4

DATED at the City of Vancouver, in the Province of British Columbia, this 21st day of

November, 2022.

Solicitor for the Plaintiff,

MORGYN R. CHANDLER

This Notice of Civil Claim is prepared and filed by Morgyn R. Chandler (Attention: Zoë E. Marler) of the law firm of
HAMMERCO LAWYERS LLP, Barristers and Solicitors whose place of business is 860 Cliffe Avenue, Courtenay, BC,
V9N 2N7 (Telephone: 250-338-6741)

Rule 7-1 (1) of the Supreme Court Civil Rules states:

(1) Unless all parties of records consent or the court otherwise orders, each party of record to an action must, within 35 days after
the end of the pleading period,
(a) prepare a list of documents in Form 22 that lists
(i) all documents that are or have been in the party’s possession or control and that could, if available, be used by any party at
trial to prove or disprove a material fact, and
(ii) all other documents to which the party intends to refer at trial, and
(b) serve the list on all parties of record.

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APPENDIX

Part 1: CONCISE SUMMARY OF NATURE OF CLAIM:

This action arises from a false arrest made on January 24, 2020.

Part 2: THIS CLAIM ARISES FROM THE FOLLOWING:

A personal injury arising out of:

a motor vehicle accident

medical malpractice
another cause

A dispute concerning:

contaminated sites
construction defects
real property (real estate)
personal property
the provision of goods or services or other general commercial matters
investment losses
the lending of money
an employment relationship
a will or other issues concerning the probate of an estate
a matter not listed here

Part 3: THIS CLAIM INVOLVES:

a class action
maritime law
aboriginal law
constitutional law
conflict of laws
none of the above
do not know

Part 4:

1. Canadian Charter of Rights and Freedoms

2. Police Act, RSBC 1996, c. 367
3. Health Care Costs Recovery Act, [S.B.C.] 2008, c.27

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