Judgment of Justice Sandra Chapnik, November 12 2008

COURT FILE NO.:02-CV-238550CM2

DATE:  20081112

 

ONTARIO

 

SUPERIOR COURT OF JUSTICE

 

B E T W E E N:

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MARIAN EVANS

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Susan M Vella, for the Plaintiff

Plaintiff

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– and –

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JOHN DAVID SPROULE and TORONTO POLICE SERVICES BOARD

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Douglas O. Smith and Paulette Pommells, for the Defendants

Defendants

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HEARD:  September 8, 9, 10, 11, 12, 15, 16, 17 and 18, 2008

 CHAPNIK J. 

Reasons for Judgment

INTRODUCTION

                 It is tragic but true that people working with the vulnerable sometimes abuse their positions and commit wrongs against the very people they are engaged to help.

                                                     Bazley v. Curry, 1999 CanLII 692 (S.C.C.), [1999] 2 S.C.R. 534, per McLachlin J.

 

[1]                    In the wee hours of January 7, 1979, the plaintiff, Marian Evans, a 24-year-old single  female, was subject to an admittedly outrageous and despicable sexual assault at the hands of Police Constable John David Sproule (Sproule), a member of the Toronto Police Services Board (the Board) or its predecessor. The assault took place in the officer’s police cruiser while he was on duty and in full police uniform.

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