DRAFT - Statement of Claim

Last updated: March 6, 2024 6:43am

In the Superior Court of Justice

Between: Selina Chan - Plaintiff

And: Toronto Police, [Redacted], and the City of Toronto - Defendants

Statement of Claim

The Plaintiff, Selina Chan, is a distinguished resident of Toronto, Ontario, known for her integrity and absence of any criminal record.

Particulars of the Plaintiff:

Selina Chan, 40, a dual Canadian-British citizen, is an esteemed member of the community, with an unblemished reputation. During the arrest, the Plaintiff sustained severe arm injuries, rendering her unable to use her arms in a normal manner for months. Even now, she continues to experience limitations, such as the inability to carry heavy items without pain or re-injuring her arms, numbness, and increased pain in her arms when she is ill. Selina, the plaintiff in this matter, suffers from chronic illness, and the injuries sustained during her arrest exacerbated her medical condition, thereby heightening the damages incurred.

Particulars of the Defendants:

The Toronto Police, a law enforcement agency in Toronto, Ontario, is tasked with upholding law and order and disseminating accurate information to the public.

On [Insert Date], the Defendant issued a press release via official channels, alleging the Plaintiff's involvement in criminal activity and impending sentencing.

False accusations by [Redacted] prompted the Plaintiff's arrest, resulting in severe injuries.

The City of Toronto's negligence in addressing the posters and the surveillance equipment exacerbated the events leading to the Plaintiff's injuries.

The Plaintiff asserts the following causes of action against the Defendants:

False Arrest: The Plaintiff was unlawfully detained by the Toronto Police based on unfounded allegations.

False Imprisonment: The Plaintiff's wrongful detention resulted from the false arrest.

Abuse of Process: The Defendants' misuse of legal procedures led to the Plaintiff's injuries.

Assault and Battery: The Plaintiff was subjected to physical harm during the arrest.

Negligent Investigation: The Toronto Police's inadequate investigation led to the Plaintiff's arrest and injuries.

Breach of Charter of Rights and Freedoms: The Defendants violated the Plaintiff's constitutional rights.

Particulars of Defamatory Statement and Injuries:

The defamatory press release falsely implicated the Plaintiff in criminal activity, causing irreparable harm to her reputation.

Widespread dissemination of the defamatory content tarnished the Plaintiff's personal and professional standing.

False accusations by [Redacted] led to the Plaintiff's arrest and subsequent physical and emotional trauma.

The Plaintiff requires ongoing medical treatment, including antidepressants and potentially physiotherapy.

Significant mental anguish and emotional distress resulted from the false allegations and subsequent arrest.

The Defendants' actions have caused considerable reputational damage and financial hardship.

Additional Details:

Additionally, during the arrest, the police threatened to impound Selina's dog, and declined her reasonable request to secure her pet upstairs, causing further distress to Selina. They also demanded to know the location of her phone while seeking permission to enter her condo suite. Furthermore, it has been discovered that the posters Selina was removing were part of a fraudulent scheme aimed at soliciting donations. These posters were deliberately placed outside Selina's residence and business, evidently targeting her for removing similar posters from other locations. The harassment escalated when [Redacted], seemingly aggrieved by the poster removal, levied false accusations of assault against Selina. Despite this targeted harassment, the police refused to document Selina's complaints and instead instructed her to avoid contact with [Redacted]. This action, unjustly imposed upon Selina, contrasts with legal norms, where those initiating harassment should be subject to restraint orders. Furthermore, [Redacted]'s confrontational behavior, including surreptitiously recording Selina, underscores a pattern of malicious intent and instigation. It is crucial to note that Selina was not resisting arrest in any manner and informed the police officers of the pain inflicted upon her, yet they continued to apply excessive force, exacerbating her injuries.

The Plaintiff seeks the following relief from the Court:

General Damages: Compensation for reputational harm and mental distress.

Special Damages: Reimbursement for medical expenses, future medical expenses, loss of income, and potential future income loss.

Punitive Damages: To deter similar wrongful conduct by the Defendants.

An Apology: Public acknowledgment of wrongdoing by the Defendants.

Injunctive Relief: Restraining further defamatory actions and restoring the Plaintiff's reputation.

Costs: Pre-judgment and post-judgment interest, along with legal costs.

DATED at [Insert City], Ontario, this [Insert Date] day of [Insert Month], 20[Insert Year].

[Signature of Plaintiff's Lawyer] [Printed Name of Plaintiff's Lawyer] [Law Firm Name] [Address] [City, Province] [Postal Code] [Telephone Number] [Email Address]

This statement of claim should be reviewed and filed by a qualified lawyer before submission to the court.

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