Post by peter on Oct 6, 2011 7:07:09 GMT -5
INNISFIL/BRADFORD — A South Simcoe Police officer who was fired illegally is suing Chief Bruce Davis and the Innisfil/Bradford West Gwillimbury Police Services Board for $5 million.
A statement of claim filed by David Oliver alleges bad faith, negligence, abuse of power and intentional interference with economic status by Davis and the civilian police services board that oversees his actions.
Davis fired Oliver without proper process in February 2008, setting off a series of quasi-judicial hearings that ended with Oliver being fully exonerated and Davis being docked five vacation days after pleading guilty to neglect of duty.
Oliver’s statement of claim alleges he has “suffered loss of income and emotional and physical upset.”
The claims have not been proven in court. A statement of defence, required within 40 days, has yet to be filed.
During his disciplinary hearing, Davis testified the dismissal was a mistake culminated by miscommunication with the force’s lawyer. However, Oliver claims “Davis knowingly acted outside the guidelines of the Police Services Act motivated by malice and bad faith to elicit a resignation” from Oliver.
The claim, filed by Alliston lawyer Kevin Kemp, also alleges that it wasn’t the first time Davis used the tactic to force an officer from the department.
Oliver claims he learned of a similar case with another officer where “Davis had engaged in similar conduct to circumvent the Police Services Act.”
Calling Davis’s actions “high-handed”, the claim says the chief’s “outrageous acts and misconduct were approved and condoned by the board.”
Board chairperson Patti Vanderdonk declined to comment on behalf of the board and the chief, saying the issue is now being handled by lawyers.
Oliver was reinstated as an active police officer in February 2010 but was forced to apply for medical leave about a month latter due to the stress of the ordeal, the lawsuit says.
“David has suffered from anxiety, depression, chronic headaches and bowel spasms,” the claim states. “The conduct has rendered David unemployable” as a police officer.
Oliver was receiving disability benefits from the force’s insurance company but no longer receives cheques for being on sick leave.
The claim states, “Davis intended to cause deliberate damage to Oliver’s livelihood and his conduct amounts to an unlawful interference with Oliver’s economic interest”.
Davis announced his retirement before he was sentenced for neglect of duty and his expected to leave the force by the end of the year.
Vanderdonk’s term of office on the police board ends Oct. 31.
A statement of claim filed by David Oliver alleges bad faith, negligence, abuse of power and intentional interference with economic status by Davis and the civilian police services board that oversees his actions.
Davis fired Oliver without proper process in February 2008, setting off a series of quasi-judicial hearings that ended with Oliver being fully exonerated and Davis being docked five vacation days after pleading guilty to neglect of duty.
Oliver’s statement of claim alleges he has “suffered loss of income and emotional and physical upset.”
The claims have not been proven in court. A statement of defence, required within 40 days, has yet to be filed.
During his disciplinary hearing, Davis testified the dismissal was a mistake culminated by miscommunication with the force’s lawyer. However, Oliver claims “Davis knowingly acted outside the guidelines of the Police Services Act motivated by malice and bad faith to elicit a resignation” from Oliver.
The claim, filed by Alliston lawyer Kevin Kemp, also alleges that it wasn’t the first time Davis used the tactic to force an officer from the department.
Oliver claims he learned of a similar case with another officer where “Davis had engaged in similar conduct to circumvent the Police Services Act.”
Calling Davis’s actions “high-handed”, the claim says the chief’s “outrageous acts and misconduct were approved and condoned by the board.”
Board chairperson Patti Vanderdonk declined to comment on behalf of the board and the chief, saying the issue is now being handled by lawyers.
Oliver was reinstated as an active police officer in February 2010 but was forced to apply for medical leave about a month latter due to the stress of the ordeal, the lawsuit says.
“David has suffered from anxiety, depression, chronic headaches and bowel spasms,” the claim states. “The conduct has rendered David unemployable” as a police officer.
Oliver was receiving disability benefits from the force’s insurance company but no longer receives cheques for being on sick leave.
The claim states, “Davis intended to cause deliberate damage to Oliver’s livelihood and his conduct amounts to an unlawful interference with Oliver’s economic interest”.
Davis announced his retirement before he was sentenced for neglect of duty and his expected to leave the force by the end of the year.
Vanderdonk’s term of office on the police board ends Oct. 31.