SUPREME COURT OF BRITISH COLUMBIA VANCOUVER REGISTRY § 234138 NO. VANCOUVER REGISTRY IN RE SUPREME COURT OF BRITISH COLUMBIA BETWEEN: RONALD WAYNE BENDLE PLAINTIFF AND: SERGEANT NATHANIEL HOLT, SERGEANT LISA SCHMIDTKE, CITY OF NELSON, and THE NELSON POLICE DEPARTMENT DEFENDANTS NOTICE OF CIVIL CLAIM ‘This action has been started hy the plaintiff(s) for the relief set out in Part 2 below. If you intend to respond to this action, you or your lawyer must (@) file @ response to civil claim in Form 2 in the above-named registry of this court within the time for response to civil claim described below, and (b) serve a copy of the filed response to civil elaim on the plaintiff, Ifyou intend to make a counterclaim, you or your lawyer must (@) file a response to civil claim in Form 2 and a counterclaim in Form 3 in the above-named registry of this court within the time for response to civil elaim deseribed below, and (b) serve a copy of the filed response to civil claim and counterclaim on the plaintiff and on any new parties named in the counterclaim, JUDGMENT MAY BE PRONOUNCED AGAINST YOU IF YOU FAIL to file the response to civil claim within the time for response to civil claim described below. ‘Time for response to civil elaim A response to civil claim must be filed and served on the plaints), (a) ifyou reside anywhere in Canada, within 21 days after the date on which a copy of the filed notice of civil claim was served on you, (e8-45011-0739008661)(b) ifyou reside in the United States of America, within 35 days after the date on which a copy of the filed notice of civil claim was served on you, (© if you reside elsewhere, within 49 days after the date on which a copy of the filed notice of civil claim ‘was served on you, or (@) ifthe time for response to civil claim has been set by order of the court, within that time. CLAIM OF THE PLAINTIFF Part 1: STATEMENT OF FACTS. 1. The Plaintiff, Ronald Wayne Bendle, has an address for service at 400 ~ 2233 Columbia Street, in the City of Vancouver, in the Province of British Columbia. 2. The Defendant, City of Nelson, is a municipal body subsisting under the provisions of the Local Government Act, RSBC 2015, ¢. 1, and has an address for service at Suite 101 - 310 Ward Street, in the City of Nelson, in the Province of British Columbia, The City of Nelson is jointly and severally liable for a tort performed by any of its officers in the course of their duties, pursuant to s. 20 of the Police Act. 3. The Defendant, Nelson Police Department, is a police department operating in the City of Nelson, with an address of 606 Stanley Street, in the City of Nelson, in the Province of British Columbia. 4, The Defendant, Sergeant Nathaniel Holt, is a police officer employed by the Nelson Police Department and the City of Nelson, and was at the material times on duty and acting in the course and scope of his employment. 5, The Defendant, Sergeant Lisa Schmidtke, is a police officer employed by the Nelson Police Department and the City of Nelson, and was at the material times on duty and acting in the course and scope of her employment, 6. The Plaintiff suffers from a significant learning disability and currently has a diagnosis of: PTSD, depression, anxiety, chronic pain syndrome, (@1-45011-023900661}‘The Incident of June 10, 2021 1. 10, he On or about the 10% of June, 2021, at approximately 9:15 am., the Plaintiff was operating his motor vehicle on Stanley Street near the intersection of Mill Street, in the City of Nelson, when he was pulled over by the Defendant, Sergeant Lisa Schmidtke, who was conducting, traffic enforcement. When Sergeant Lisa Schmidtke retumed to her vehicle to prepare a violation ticket, the Plaintiff exited his vehicle to retrieve his insurance papers from the vehicle’s trunk. Suddenly and without warning, the Defendant, Sergeant Nathaniel Holt, who was positioned behind the Plaintif’s vehicle with his firearm drawn, without reasonable grounds and using excessive force, struck the Plaintiff in the face with the butt of his firearm, causing the Plaintiff to collapse to the ground, While on the ground, in obvious distress and posing no threat, Sergeant Nathaniel Holt repeatedly struck the Plaintiff in the face with a closed fist. Without lawful justification, the Defendants, Sergeant Nathaniel Holt and Sergeant Lisa Schmidtke, proceeded to detain and arrest the Plaintiff. The Plaintiff was forced into the Police vehicle and transported to the Kootenay Lake Hospital, where the Plaintiff was detained. ‘The Plaintiff was subsequently released, and all charges were dropped. Negligence and Assault and Battery 12, Sergeant Nathaniel Holt and Sergeant Lisa Schmidtke negligently applied, or in the alternative, intentionally applied, unreasonable, excessive, and unwarranted force against the Plaintiff. ‘Wrongful Detention 13. The arrest and detainment of the Plaintiff constitute false imprisonment, particulars of which include: (@) The Plaintiff was totally deprived of his liberty; (©) The deprivation was against his will; and {HL-45011-02390056;1)(©) _ The deprivation was caused by the Defendants. Intentional Infliction of Mental Distress 14, The conduct of the Defendants was extreme, flagrant, outrageous and was intended and calculated to harm the Plaintiff, and in fact caused the Plaintiff to suffer visible and provable physical i ajuries and mental illness, ‘Damages 15. As a result of the actions of the Defendants, as outlined above, the Plaintiff has suffered and continues to sufier personal injuries, loss and damage, the particulars of which include, but are not limited to, the following: (@) Loss of consciousness; (©) Concussion and concussive-related sequelae; (©) Headaches; @® Facial fractures; (© _Laverations and contusions to the head; () —_Lacerations to the head; (@ Fracture of the right arm; (h) Exacerbation of previously diagnosed PTSD, depression, anxiety and chronic pain syndrome; and () Such further and other particulars ¢s Counsel may advise. 16. Asa result of the actions of the Defendants, the Plaintiff has sustained and will continue to sustain pain and suffering, loss of enjoyment of life, and loss of amenities. 17. Further, and as consequence of the actions of the Defendants, the Plaintiff has sustained and incurred special damages, the particulars of which will be delivered upon receipt. ‘L-45011-02380066;1)Punitive and Aggravated Damages 18 The conduct of the Defendants was malicious, oppressive, and reprehensible and offends Canadian’s public sense of decency. As such, punitive damages are warranted. 19. The conduct of the Defendants was high handed and showed callous disregard for the Plaintif?'s rights. It was reasonably foreseeable that their conduct would cause the Plaintiff pain, suffering, anguish, humiliation, loss of dignity, and damaged self-worth. As such, aggravated damages are warranted, 20. The Plaintiff has received and will continue to receive health care services for the injuries sustained as a result of the negligence and/or wrongful act of the Defendants. The Plaintiff pleads and relies upon the provisions of the Health Care Costs Recovery Act, SBC 2008 c. 27, its Regulations or any amendments thereto, Part 2: RELIEF SOUGHT. 1. The Plaintiff seeks from the Defendants: (@) —anaward of damages for i) non-pecuniary damages ji) past and future special damages; iii) past and future care costs including “past cost of health care services” and the “future cost of health care services” as defined in the Health Care Costs Recovery Act, [S.B.C.] 2008 c. 27; (b) punitive damages; (©) aggravated damages, (@ damages pursuant to s.24(1) of the Charter of Rights and Freedoms (the “Charter”); (©) _ interest pursuant to the Court Order Interest Act, [R.S.B.C.] 1996, 0.79; (© the costs of this action; and (@) such further and other relief as to this Honourable Court may seem just and meet. (L-4s011-02390066;1)Part 3: LEGAL BASIS 1. At all material times, Sergeant Nathaniel Holt and Sergeant Lisa Schmic employees or servants of the City of Nelson and the Nelson Police Department, acting course of their duties and employment and were in a position of power and authority over the Plaintiff. 2. —Atall material times, the City of Nelson was legally responsible for the conduct and actions of the officers of the Nelson Police Department. 3. Pursuant to s. 20 of the Police Act, the City of Nelson is jointly and severally liable for a tort performed by any ofits officers in the course of their duties. 4, The Nelson Police Department and the City of Nelson owed a duty of care to the Plaintiff. 5, The Defendants, Sergeant Nathaniel Holt and Sergeant Lisa Schmidtke, committed against the Plaintiff the common law torts of assault, battery, false imprisonment, and the intentional infliction, of mental distress. The Plaintiff relies upon the common law. 6. The Defendants infringed upon the Plaintiffs rights under Sections, 7, 8, 9, 10 and 12 of the Canadian Charter of Rights and Freedoms, Part 1 of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, ¢ 11 (the Charter"), Section 24 of the Charter states that anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just inthe circumstances. (41L-45011-02390066,1)7. Further, the Plaintiff has received and will continue to receive health care services for the injuries sustained as a result of the negligence or wrongful act of the Defendant(s). The Plaintiff pleads and jons of the Health Care Cosis Recovery Act, [S.B.C.} 2008 c, 27, its relies upon the pro Regulations or any amendments thereto. Plaintif’s address for service: c/o Hammerco Lawyers LLP 400-2233 Columbia Street Vanocouver, BC VSY 0M6 Fax number address for service (if any): 604-269-8511 Place of trial: Vancouver The address of the registry is; Law Courts, 800 Smithe Street Vancouver, BC V6Z2E1 DATED at the City of Vancouver, in the Province of British Columbia, tis 6® day of June, 2023, Solicitor for the Plaintiff, Kevin MeLaren ‘This Notice of Civil Claim is prepared and fled by Morayn R, Chandler (Attention: Kevin J. MeLaren) of the law firm of HAMMERCO LAWYERS LLP, Barisers and Solicitors whose place of business is 400-2233 Columbia Street, ‘Vancouver, BC, VSY OM6 (Telephone: 604-269-8500) Rule 7-1 (I) ofthe Supreme Court Civil Rules sates (1) Unless all partes of records consent or the cour otherwise orders, each party of record to an ation aus, within 35 days ater the end ofthe pleading period, (4) prepare alist of documents in Form 22 that lists (all docamenis that are or have been in the party's possession or contol and that could, if av tral to prove o disprove a materia fact and (pall other documents to wie he party intends to refer atrial and (@) serve thelist onal parties of record. lable, be used by any party at ‘281-45011-02390066:1)APPENDIX Part1: CONCISE SUMMARY OF NATURE OF CLAIM: ‘Acclaim for damages with respect to personal injuries and Charter breaches arising from an assault by an officer with the Nelson Police Department. Part2: THIS CLAIM ARISES FROM THE FOLLOWING: A personal injury arising out of: [1 amotor vehicle accident (] medical malpractice 1] another cause A dispute concerning: contaminated sites construction defects real property (real estate) personal property the provision of goods or services or other general commercial matters investment losses the lending of money an employment relationship a will or other issues concerning the probate of an estate a matter not listed here ooooo0o0o000 Part 3: THIS CLAIM INVOLVES: 1 acdass action (maritime taw (aboriginal law (constitutional law conflict of aws 1X) none of the above donot know 1. Canadian Charter of Rights and Freedoms 2. Police Act, RSBC 1996, c. 367 3. Health Care Costs Recovery Act, [S.B.C.] 2008, ¢.27 ‘(1HL-45011-02380086;1)