COURT FILE NO.:02-CV-238550CM2
DATE: 20081112
ONTARIO
SUPERIOR COURT OF JUSTICE
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MARIAN EVANS |
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Susan M Vella, for the Plaintiff |
Plaintiff |
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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.