C IAS CAPA ONTARIO SUPERIOR COURT OF JUSTICE INFORMATION FOR COURT USI ost 1 apeton 1. This preseding isan: U1 yes U1 yes Wo 2. Has it been commenced under the Class Proceedings dct, 1992? 5. Ifthe preseding is an action, does Role 76 (Simplified Procedure) apply? Note: Subject io the exceptions found in subrule 76,01(), tt MANDATORY to proceed rate Rule 1 or oll cases in which the money amount claimed othe value of real or personal prapery claimed i $100,000 or fess “4. The claim in this proceeding (aeton or aplication) is in respect of (Galoc he ne iteo thot Best describes the narreof the main claim inthe proceeding) Constitutional fw, Construction iw (other than constuction Hie (Ceastraction en (Conese law Corporate low Defamation Enploymentor labour aw Ttlletual ropety lw Judicial review alprsice TIF Real propery Gluing leases; exchdng morgage or chaige, Toviseconomie jy foe than fom fetes profesional Fie motor vehicle weedeat) 1 Uy a CERTIFICATION ote best fy Awe . Md , - Signature of lawye af no lawyer, party must sign)Court File No.: ONTARIO CV SUPERIOR COURT OF JUSTICE BETWEEN: XIMENA MORRIS Plaintiff -and- ‘Toronto 2015 Pan Am/Parapan Am Games Organizing Committee (“T2015”), Canadian Olympic Committee (“COC”), David Robert Peterson, Saad Rafi, Karen Hacker, and Amir Remtulla STATEMENT OF CLAIM TO THE DEFENDANTS A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the plaintiff. The claim made against you is set out in the following pages. IF YOU WISH TO DEFEND THIS PROCEEDING, you or an Ontario lawyer acting for you ust prepare a statement of defence in Form 18A prescribed by the Rules of Civil Procedure, serve it on the plaintiffs’ lawyer or, where the plaintiffs do not have a lawyer, serve it on the plaintiffs, and file, with proof of service, in the court office, WITHIN T ‘WENTY DAYS after ‘you are served in Ontario. this statement of claim is served on you, If you are served in another province or territory of Canada or in the United States of America, the period for serving and filing your statement of defence is forty days. If you are served outside Canada and the United States of America, the period is sixty days.2 Instead of serving and filing a statement of defence, you may serve ang file a notice of intent to defend in Form 1818 prescribed by the Rules of Civil Procedure. This will entitle you to ten more days within which to serve and file your statement of defence IF YOU FAIL TO DEFEND THIS PROCEEDING, JUDGMENT MAY BE GIVEN AGAI YOU IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU. IF YOU WI TO DEFEND THIS PROCEEDING BUT ARE UNABLE TO PAY LEGAL FEES, LEGAL AID MAY BE AVAILABLE TO YOU BY CONTACTING A LOCAL LEGAL AID OFFICE. TAKE NOTICE: THIS ACTION WILL AUTOMATICALLY BE DISMISSED if it has not been set down for trial or terminated by any means within five years after the action was commenced unless otherwise ordered by the court Date: August 13", 2015 Issued by: Address of court office: 393 University Avenue, 10" ‘Toronto, Ontario MSG 1E6 TO: 702015 Corus Quay, 25 Dockside Drive Toronto, Ontario MSA OBS AND TO: Canadian Olympic Committee 900-21 St. Clair Avenue Toronto, OntarioAND TO: AND TO: AND TO: AND TO: MAT IL9 David Robert Peterson Corus Quay, 25 Dockside Drive Toronto, Ontario MSA OBS Saad Rafi Corus Quay, 25 Dockside Drive Toronto, Ontario MSA OBS Karen Hacker Corus Quay, 25 Dockside Drive Toronto, Ontario ‘MSA OBS Amir Remtulla Corus Quay, 25 Dockside Drive ‘Toronto, Ontario MSA OBS“After all the work that has been done to eradicate sexual violence and harassment and the misogyny that underpins them — it is difficult to believe that these actions and ideas are still pervasive today. We can, and must, do better. As a student, a mother, a leader and a woman, I have been involved in this struggle for decades. Now, as the Premier of Ontario, I know that we have to act together for change. And we have to act now"—Premier Kathleen Wynne, “It's Never Okay: An Action Plan to Stop Sexual Violence and Harassment”—March 2015 CLAIM 1. The Plaintiff, Ms. Ximena Morris (Ms. Mortis"), claims: (i) general damages in the amount of $5,000,000; (ii) special damages in an amount to be determined prior to trial; (iii) punitive, aggravated, and exemplary damages in the amount of $5,000,000; (iv) _pre-judgment interest and post judgment interest pursuant to the Courts of Justice Act, RS.0. 1990. ¢. C. 43; (v) her costs of this action on a substantial indemnity basis; and (vi) such further and other relief as this Honourable Court may deem just. The Parties 2. Ms, Mortis has been employed in a number of capacities with T02015, since her offer of employment with the organization on June 18", 2012. She began her employment with TO2015 on July 9", 2012, as an Executive Assistant, Communications and Public Relations, reporting to one Mr, Peter Donolo (“Mr. Donolo”). Effective August 19", 2013, she was promoted to the high level managerial position of Manager, External Partnerships, reporting to Robert Serpe, Director, External Partnerships. On April 24", 2014, she was transferred to, and given the lower level responsibility as Manager, Official Languages, reporting to Louise Gauvreau, On October 15", 2014, she was transferred to a more diminished managerial role as Manager, Protocol Planning and Support, with a revised effective end date of August 17", 2015 from September 30", 2015. Ms. Morris was to report to Laura Deyell, Director, Games Family Services and Protocol. On June 8", 2015 her title was further changed again to Manager, Talent Services andScheduling, Opening and Closing Ceremonies, and unofficially referred to as the “voice of the Pan Am Games”, since her voice was prominently broadcasted at official ceremonies of the Games. Prior to her many roles with TO2015, Ms. Morris was employed as a Senior Program Advisor with the labour market integration unit for the Ontario ministry of citizenship and immigration, She has served in various roles as an Ontario public servant. 3. The TO2015 Organizing Committee is tasked with the responsibility of planning, managing and delivering the TORONTO 2015 Pan American / Parapan American Games. It functions pursuant to the powers delegated to it by the COC and by the Pan American Sports Organization (“PASO”), in accordance with Article XX of the PASO constituting statute (“the statute”), to which all PASO members are subject. Amongst many aims, purposes, and objects, 102015 commits itself to promote inclusion, respect and non-discrimination, and advance relevant promising practices within its organization, At all material times, TO2015 was the employer of Ms. Morris, 4, The COC is the Host National Olympic Committee, and a representative of PASO for the purposes of the 2015 Pan American Games in the city of Toronto, Ontario, Canada. And, is also “...the highest authority”, responsible for overseeing 102015. 5. David Robert Peterson (“Peterson”), at all material times, was, and is, the Chair of 102015, and is the principal tortfeasor in this action. Peterson was nominated and appointed to his position by Premier Kathleen Wynne of Ontario, announced to the position of Chair of 102015 on September 9", 2013. Though not a party, Premier Wynne, has “vowed to end sexual violence and harassment in Ontario”. 6. Saad Rafi (“Rafi”), at all material times, was, and is, the Chief Executive Officer (“CEO”) of 702015. Mr. Rafi has served as deputy minister in four roles for the provincial government of Ontario.en Hacker (“Hacker”), at all material times, was, and is, Senior Vice-President General Counsel and Corporate Secretary. In her many roles, 7K Human Resources and Volunteer wearing, many conflicting hats, Ms. Hacker will be alleged to have paralleled Ms. Morris sexual harassment and assault experience to the Holocaust, expressly telling her that “in this world, bad things happen, We nced to get over it...the Holocaust happened, we need to get over Amir Remtulla (“Remtulla”), at all material times, was, and is, Senior Vice-President of 8. Community, Aboriginal, Cultural and Public Affairs. Mr. Remtulla took a vested interest in ensuring Ms, Morris was removed and transferred to lower profile positions, effectively assisting ively dismissing her. in constru The Events Giving Rise to this Action On or about August 19", 2013, Ms. Morris was promoted to the high level position of 9. Manager, External Partnerships (“MEP”). Amongst her many functions in this role, Ms. Morris was the planning lead for the PASO General Assembly, a gathering of all 41 countries of the organization. , Ms. Morris’ responsibilities included the handling of domestic dignitaries, 10. As ME primarily political representation from all three levels of government. She was also tasked with the planning and coming to pass of the PASO general assembly, held for the first time in the city of Toronto. Prior to the PASO general assembly, held during the week of October 7, 2013, Mr. MW Peterson had already begun his harassing conduct towards Ms. Morris with suggestive and inappropriate. commentary about her beauty, appearance, and physical attributes. “Hello son’s common greeting, evolving to more aggressive and suggestive Beautiful” was Mr. Pet Janguage during the general assembly.7. Karen Hacker (“Hacker”), at all material times, was, and is, Senior Vice-President Human Resources and Volunteers, General Counsel and Corporate Secretary. In her many roles, wearing many conflicting hats, Ms. Hacker will be alleged to have paralleled Ms. Morris’s sexual harassment and assault experience to the Holocaust, expressly telling her that “in this world, bad things happen, We need to get over it...the Holocaust happened, we need to get over it. 8 Amir Remtulla (“Remtulla”), at all material times, was, and is, Senior Vice-President of Community, Aboriginal, Cultural and Public Affairs. Mr. Remtulla took a vested interest in ensuring Ms. Morris was removed and transferred to lower profile positions, effectively assisting in constructively dismissing her. ‘The Events Giving Rise to this Action % On or about August 19%, 2013, Ms. Mortis was promoted to the high level position of Manager, External Partnerships (“MEP”). Amongst her many functions in this role, Ms. Morris was the planning lead for the PASO General Assembly, a gathering of all 41 countries of the organization. 10. As MEP, Ms. Mortis’ responsibilities included the handling of domestic dignitaries, primarily political representation from all three levels of government. She was also tasked with the planning and coming to pass of the PASO general assembly, held for the first time in the city of Toronto. 11. Prior to the PASO general assembly, held during the week of October 7", 2013, Mr. Peterson had already begun his harassing conduct towards Ms. Mortis with suggestive and inappropriate commentary about her beauty, appearance, and physical attributes. “Hello Beautiful” was Mr. Peterson’s common greeting, evolving to more aggressive and suggestive language during the general assembly.12. On October 10", 2013, PASO hosted a dinner at the Westin Harbour Castle Hotel, where the general assembly was taking place 13. As the lead planner, responsible for the general assembly of PASO, Ms. Morris extended her salutations to Mr. Peterson at 9:30pm, she was concemed his sobriety might be an issue at the event as he appeared heavily imbibed and required the assistance of a staff member to stand. 14. In response to her greeting, Mr. Peterson said “you call me handsome, and I'll call you sexy”. Robert Serpe, then director for external partnerships for TO2015 immediately removed ‘Ms. Morris from the interaction, concerned that Mr. Peterson may escalate his conduct. On October 11%, 2013, Robert Serpe and Ms. Morris reported the sexually harassing 15. incident to Remtulla, whom, at the time, was vice-president of external partnerships. Mr. Remtulla, as vice-president of external partnerships was the person to whom the manager and director of extemal partnerships would report to in instances where breaches of the TO2015 code of conduct was alleged. Remtulla took no action. 16. On April 1%, 2014, at 10:30am, TO2015 held what was dubbed as the “Panamania launch” at El Catrin restaurant, a Mexican themed establishment at the distillery district of the city of Toronto. At that launch, Mr. Peterson, without invitation or consent reached and violated chest to her the physical and sexual integrity of Ms. Morris by embracing her, touching breast, commenting again about her physical attributes. He asked Mr. Remtulla, who was standing directly to the left of Ms. Morris, “isn’t she gorgeous”? Mr. Remtulla, again, took no action to guarantee the safety and personal space of Ms. Mortis, his employee. 17. On April 7, 2014, TO2015 launched a volunteer campaign at the atrium of the Corus Quay building, headquarters to T2015. The “green room” for luminaries was the legacy boardroom on the 7" floor of Corus Quay.In attendance on April 7*, 2014, were a number of domestic dignitaries, including the 18, Premier of Ontario, Kathleen Wynne, T02015 board members, sponsorship representatives from Key sponsoring major corporations, Rafi and his executive assistant, other senior leadership members from TO2015, and Ms. Morris—responsible for domestic dignitaries, 19. Mr. Peterson, the Chair of TO2015, fixed his gaze and approached Ms. Morris on the south side of the legacy boardroom, in the presence of all the dignitaries, and said “you look like a flamenco dancer, like you could just jump up on a table and start dancing”, The allusion to flamenco was in obvious reference to Ms. Morris’ apparent historical and ethnic origin. 20. Given her role as one responsible for the person demeaning her, since Mr. Peterson as Chair of TO2015 was a domestic dignitary, Ms. Morris did not express her disapproval in the presence of the Premier of Ontario and so many other luminaries. 21. Again, Remtulla was present, and took no action as a senior vice-president of TO2015, contrary to his obligations under the organization’s code of conduct. 22. Mr. Peterson’s sexually harassing, and ethnically discriminating conduct, towards Ms. Morris, continued in the legacy boardroom. While standing with Mr. Joe Halstead, a TO2015 board member, Mr. Peterson rhetorically queried in respect of Ms. Morris, while suggestively standing in front of her, “doesn’t she look like she could just get up on the table and dance”? 23. Notice was provided to all the dignitaries in the legacy boardroom that they were to head downstairs for the volunteer launch, as the event was set to begin. All made their way towards the elevators to descend to the atrium, The number of dignitaries required groupings in different elevators. Mr. Peterson chose Ms, Morris’ group (“the Morris group”), though protocol and common sense would dictate that the two relevant and highest offices, the Chair of TO2015 and9 the Premier of Ontario, would be grouped together. Mr, Peterson continued to target Ms. Morris, and the Premier went with another group. n Chevrolet group included Rafi, Ann-Marie Radford, « representative fre 24. The Morr ron continued with his sexually harassing, demeaning, esting that she yet up Canada, and four other persons. Mr. Pet dehumanizing, and insulting comments towards Ms, Morris by again su on the table and dance. He said this in front of all in the group, including Rafi, the CLO in charge of T02015's lawful compliance with applicable Ontario laws in respect of those in his employ, not least of which are workplace safety laws and the Ontario human rights code, ally harassing conduct of 25. Rafi, now concerned and embarrassed with the continued Mr. Peterson, turns to Ms, Morris and says “pleave don’t sue us, please don’t sue us, Jet it roll off your back”. 26. On the same day as the volunteer launch, on April 7, 2015, at 2:30pm, Mss. Morris, in accordance with TO2015 code of conduct provisions for reporting of sexual harassment cidents, reported the incident to senior vice-president, Remtulla, 27. Three hours after the incident was reported, at 5:30pm, Remtulla met with Ms. Morris and ordered her to speak to Rafi about the incident with Mr, Petervon. Remtulla informed Ms, 's conduct, and characterized them as disrespectful and issuc, he can't talk to you like that, it’s not ok, and s opinion of Mr, Peterso a resp Morris of humiliating, He went on to say,‘ it’s not the first time, and Rafi knows that, so you need to speak to him. He feels bad and wants to support you, it happened in front of Rati’. ws disinclined to escalate the matter to the chief executive level, and wanted 28. Ms. Morris wa the matter laid to rest out of fear for her career prospects. In her view, she was terrified of losing10 her career, and communicated as much to Remtulla. He disagreed, forcing her to participate in a ia future date to be determined. meeting with Ra 29. On Friday, April 11", 2015 at 8:30am, Remtulla, Rafi, and Ms. Morris met in the viva boardroom at the Corus Quay headquarters for 102015. At the meeting, Rafi remarks of Peterson that a “leopard never changes his spots”, and 30. onal space, adding that she should get used to being that Ms. Morris is responsible for her pers sexually harassed and violated, “because it’s going to happen again and a in in your career...let it roll off your back”. 31. Ms. Morris ended the meeting with Rafi and Remtulla, having been told by the CEO of 702015, in the presence of a senior vice-president, to get used to sexual harassment and violence in the workplace, 32. After multiple incidents and multiple reports to a senior vice-president of TO2015, and now to the organization's CEO, no investigation had been officially initiated or undertaken, no remedy or accommodation had been provided to Ms. Morris. The sexual harassment and workplace safety incident investigation protocols were non-existent in respect of Ms. Morris’ ordeal at the hands of Mr. Peterson, the board Chair of the organization, 33. Six months after the first reported incident of sexual harassment and sexual assault with the uninvited touching and embracing by Mr. Peterson, T02015’s only official response to Ms. Morris was that*...it’s going to happen again and again in your career”. 34. One hour and fifteen minutes after the meeting in the viva boardroom, Rafi approaches Ms. Morris at her desk and asks to speak with her privately. He directs her to a private phone booth in the offices of TO2015 headquarters, and tells her “ironically, | was trying to help you”.u Ms. Morris replies by asking, “how Saad (Rafi) when you told me a leopard never changes h Spots, or that this going to happen to me again in my career?” Ms. Morris then exited the private booth, and left the conversation. 35. On April 16", 2014, Ms. Morris met with Mr. Donolo, her mentor and former boss. with whom she maintained a professional relationship. She communicated the entire narrative of incidents with Mr. Peterson and TO2015°s grossly inadequate organizational response to hirn. Mr. Donolo offered to assist, and arranged a meeting with Hacker, TO2015"s senior vice- president of human resources and volunteers, the office responsible for establishing and ensuring compliance with the organization’s employment related rules, regulations, and policies. A meeting was set for Ms, Morris with Hacker, the next day, April 17°, 2014 36. On April 17", 2014, Ms. Hacker and Ms. Morris meet in a private booth in the offices of TO2015, where Ms. Hacker extends laudatory praise for how Ms. Morris has handled the incidents, and says she’s proud of her as a professional and a woman. Ms. Morris informs Ms. Hacker that she is terrified of what might happen to her career, all the more so since there was no documentation of the incidents, human resources has been absent since the first reported incident. She further informed her that she had been forced into a conversation with the CEO, Rafi 37. At the same meeting, Ms. Hacker promised to document the facts of the incidents and place a report in Ms. Morris’ personnel file, and provide her with a copy. There was to be no investigation, and to date, no report of the incidents have been received by Ms. Morris from the senior vice-president of human resources, and also quixotically the general counsel and corporate secretary of the organization, tasked only with the corporation’s interest. 38. On April 24, 2014, Ms. Morris was stripped of her title as Manager, External Partnerships, and forced into a role in official languages, even though she had no training or2 experience as a translator. She was now responsible for service delivery levels for the Spanish language during the games, and oversecing translations for the entire organization of TO2015 39. After requesting a follow-up meeting with Hacker, Ms. Morris was obliged with a meeting a held on May 13", 2014. At that meeting, Ms. Morris again requested a copy of the promised report that was to have been placed in her personnel file. No such report had been generated. Hacker tells Ms. Morris, “I’m so surprised you're still talking about this, thought we'd wrapped it up with a bow... can’t believe you're still not over this”. that, “bad things happen in this world, we need to get 40. Hacker further tells Ms, Morris over them, the Holocaust happened, we need to get over it”. In response, Ms. Morris advised that she fails to see parallels between the Holocaust and the Chair of 102015 sexually harassing and response, and again promises to provide her violating her. Hacker utters “fuck!” at Ms. Morris with a copy of the report in the following days. 41. On May 14, 2014, after exhorting Ms. Morris to Holocaust remembrance, Hacker calls Ms. Mortis into her office at 8:30am, and informs her that she would not be providing a report or documentation of the incidents. In Hacker’s words, “it sounds as though you (Morris) will be heading towards legal counsel and she has to do what’s best for the organization. Taking legal action is not in the best interest of the organization or yours”. Ms. Morris had just been threatened by the general counsel of 102015, should seek legal counsel. “Pve taken off my legal hat 42. ‘The May 14" 2014 meeting ended with Hacker quippi and putting on my SVP hat, is there anything I can do to help you?” 43. After the May 14", 2014 meeting, Ms. Morris was ostracized, isolated, and excluded from events and opportunities within the organization. The only other staff’ member for the2B official languages office for TO2015, Ms. Louise Gauvreau, was encouraged by Remtulla to complain about Ms. Morris to the office of human resources, 44. Since May 14", 2014, Hacker has not met with, communicated to, or addressed the concems of Ms. Morris regarding her concem for her career or for her safety in the office. cems to be the only hat ever worn in her approach to the ordeal faced by Ms Hacker's legal hat Monzs as an employee, her human resource office functioned as nothing more than a ruse when addressing incidents of sexual harassment and violence in the TO2015 workplace. 45. On September 29", 2014, Ms. Morris was called into the energy boardroom at Corus Quay after the Remtullah prompted complaint by Ms. Louise Gavreau, Human resources ively criticized her performance, personnel, Paul Nicholson, called the meeting, and eff contrary to the conclusions of all her performance reviews. 46. On October 15, 2014, Ms. Morris was transferred again into another role, with lessening responsibility and duties with each transfer. She was to report directly to one Laura Deyell, who eventually questioned why Ms. Morris remained with the organization, given all her hardships. Ms. Deyell further told Ms. Morris that there was no work for her in the protocol department. Her job title was only in name, not in substance. 47. On June 8", 2015, Ms. Morris was once again transferred to talent services, as its manager. Her role is now only clerical, and not managerial. She has no staff, or volunteers. At the height of her managerial duties, Ms. Morris managed one thousand (1000) volunteers. omplaint was to ostracize her, demote her level 48. The response by TO2015 to Ms. Morti of duties and responsibilities, her prestige and reputation as a manager, and to keep her away from activities, meetings, and events, which she routinely attend and sometimes lead,4 49. ‘The acts and omissions of the defendants in the preceding paragraphs constitute constructive dismissal, a failure and negligence in their duty to investigate the incidents as Teported by Ms. Morris, intentional and negligent infliction of mental anguish or distress, discrimination on the basis of sex, breach of trust, and defamation. 49. As against Mr. Peterson, the plaintiff asserts the facts of his conduct in the preceding Paragraphs constitute assault, sexual assault, sexual harassment, intentional and negligent infliction of mental distress, breach of trust, discrimination based on sex and ethnicity, and defamation, 50. The plaintiff asserts that the combined acts and omissions of the defendants has caused her to suffer the following injuries: (toss and injury to her reputation i) feelings of shame ii) Loss of self-esteem (iv) loss of enjoyment of life (¥) loss of opportunity (vi) headaches (vii) insomnia (viii) trouble breathing (ix) anxiety («) lack of motivation (xi) loss of trust in authority (xii) loss of a sense of self-worth and personal dignity (xiii) damage to professional and personal relationships1s (xiv) out-of-pocket expenses, particulars of which will be provided prior to trial 51. The plaintiff pleads and asserts that the acts, omissions, and conduct of the defendants ete egregious, callous, in dereliction of duty and basic obligations to Ms. Morris, wholly “nsensitive to her vietimhood, and that an award of punitive, aggravated, and exemplary damages are warranted. 52. The plaintiff proposes that this action be tried in Toronto $3. The applicant pleads and relies on the relevant and applicable employment related statues in the Province of ‘Ontario, including the Ontario Human Rights Code, R.S.O. 1990, ¢. H.19 August 13", 2015 Rocco K. Achampong Barrister & Solicitor 1 Dundas Street West Suite 2500 Toronto, ON MSG 123 LSUC No. 57837) Tel: 416-479-8298 Cell: 416-434-2828 Fax: 416-479-8256 E-mail: roccoachampong@gmail.com Lawyer for the Plaintiff, Ximena MorrisXIMENA MORRIS Toa TRE COPY ne nian Pag Su Hes ors TORONTO 2015 PAN AM/PARAPAN AM GAMES ORGANIZING COMMITTEE, CANADIAN ~and - OLYMPIC COMMITTEE, DAVID ROBERT PETERSON, SAAD RAFI, KAREN HACKER, and AMIR REMTULLA Cy= i= $3404 ONTARIO SUPERIOR COURT OF JUSTICE PROCEEDING COMMENCED AT TORONTO. STATEMENT OF CLAIM Rocco K. Achampong Barrister & Solicitor 1 Dundas Street West Suite 2500 Toronto, Ontario MSG 123 OFT See OF Toy EGSRE ED, Ce Tel: 416-479-8298 Cell: 416-434-2828 Fax: 416-479-8256 LSUC #57837 J ‘Counsel for the Plaintiff