Lawsuit excerpts

The Hamilton Spectator
(Sep 22, 2007)

Excerpted from the $12-million lawsuit against the OPP and the Ontario government. These allegations are contained in the statement of claim and have not yet been proven in court. * "At approximately 10 p.m. on June 4, 2006, David Hartless, a police officer with the Hamilton Police Services, walked outside his home ... approximately 50 feet from the Douglas Creek Estates, and observed about 40 to 50 protesters threatening and harassing three males who had been sitting at the end of the street passively smoking cigarettes. Hartless asked one of the female protesters what was going on and was told: 'You got no business here ... leave or I will knock you dead right now.' When the protesters began physically attacking one of the males, he intervened and found himself being shoved and pushed around by other protesters who also attempted to punch him. One of the protesters had a hand-held taser and attempted to shock him with it. Only when other residents of the street came out of their houses and formed a line of defence which Hartless was able to get behind did the assault stop. The OPP were called, took a report and took no further steps against the protesters." Harm suffered by plaintiffs as a result of the OPP inaction and failed bid As a result of the OPP's failure to enforce Justice T. David Marshall's orders, the failure to arrest protesters and take possession and control of Douglas Creek Estates, and the breach of the OPP's duties under s.42 of the Police Services Act and the Haldimand Police Services Agreement: * The property was the only residence located (behind) the protesters' blockade which had no access except through the barricades; * Brown, Chatwell and (their son) were trapped on the property for several days and were unable to leave the property as Argyle Street South had been blocked by the protesters north and south of the property; * Brown, Chatwell and (their son) were subject to the control and authority of the protesters having been told by the OPP that they would not come to the assistance of Brown and Chatwell; * The OPP failed or refused to attend at the property to assist or protect the plaintiffs, even after several calls by the plaintiffs to 911; * Chatwell had to close her business Shear Body Sense, which operated out of the lower level of the premises; * Brown, Chatwell and (their son) lived in fear for their personal welfare and safety, as well as fear that their property would be taken away from them or destroyed by protesters, and suffered loss of income, mental distress and psychological harm.