Notice of Proceedings The notice of proceedings has been given this 15th July (I think this should be august)

2011. The Parties a) The Applicant Luc Begin The applicant, Luc Begin, resides in Ottawa, in the Province of Ontario The applicant is not suffering any incapacity and is of sound mind At all times relating to the events of this application, the applicant was a resident of the Province of New Brunswick. At all times relevant to the events of this application, the applicant was a soldier of the Canadian Forces based at the military Base Force Camp Gagetown in the town of Oromocto in the Province of New Brunswick. b) The defendant Stephen Stafford The defendant Stephen Stafford (hereafter Stafford) is a resident of the Province of New Brunswick. Stafford suffers no mental incapacity and is of sound mind. At all times relevant to this application, Stafford was a peace officer, a member of the Fredericton City Police Force, and was on duty. c) The Defendant Frederik Loiseau The defendant Frederik Loiseau (hereafter Loiseau) is a resident of the Province of New Brunswick. Loiseau is not incapacitated and is of sound mind. At all times relevant to this application Loiseau was a peace officer, a member of the Fredericton City Police Force, and was on duty. d) The defendant - Gerald McGilligan

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11. The defendant Gerald McGilligan (hereafter McGilligan) is a resident of the Province of New Brunswick. 12. McGilligan suffers no mental incapacity and is of sound mind. 13. At all times relevant to this application, McGilligan was a peace officer, a member of the Fredericton City Police Force, and was on duty. e) The defendant Fredericton City Police Force 14. The defendant, Fredericton City Police Force, (hereafter FCPF) is the police force created by the City of Fredericton. 15. The FCPF is among other things responsible for the protection of the p[ublic and maintenance of order within the boundaries of the City of Fredericton. 16. The FCPF and/or the City of Fredericton are responsible for recruiting, hiring and training the police officers who are members of the FCPF. f) The defendant the City of Fredericton. 17. The defendant, the city of Fredericton, (hereafter Fredericton) is a municipality such as are defined in the Municipalities Act, ch M-22, NB 2011

18. By virtue of paragraph 7(2) of the Municipalities Act, Fredericton has a duty to provide police services and protections. 19. Fredericton has created the FCPF in response to this statutory obligation. 20. Among other things, Fredericton appoints a Chief of Police, establishes the policies, rules and general directives for the FCPF and allocates an operational budget for them from the municipal funds. 21. Fredericton delegates the management of the FCPF to its Chief of Police. g) The defendant Ambulance New Brunswick 22. The defendant, Ambulance New Brunswick Inc, (hereafter ANB Inc) is a legally incorporated entity by virtue of the laws of the Province of New Brunswick, and has a registered head office located at 315 Carleton St, in the City of Fredericton, in the Province of New Brunswick. 23. At all times relevant to this application, ANB Inc was responsible for the provision of ambulance services for the Province of New Brunswick and was responsible for the recruitment, hiring and training of the ambulance personnel. The Application 24. This application is the result of a series of events which occurred in the City of Fredericton in the Province of New Brunswick, between the 17 and the 19 of July 2009. The Events 25. Between 23:00pm on the 17 July 2009 and 01:00am the 18 July 2009 the applicant was present at the night-club Sweetwaters, located at 339, King St, in the City of Fredericton in the Province of New Brunswick. 26. After the applicant was refused entry at Sweetwaters by the doormen the applicant was questioned by Loiseau at the entrance of Sweetwaters. 27. After a discussion with Loiseau the applicant was escorted by Loiseau and McGilligan in the direction of Loiseaus patrol car parked on the pavement by Sweetwaters nightclub. 28. Then as the applicant was being escorted in the direction of the patrol car, Stafford approached the applicant from behind and, suddenly and without warning, grabs the applicant from behind, delivered blows to his knees and caused him to fall to the ground. 29. Then, while the applicant was on the ground, Stafford, Loiseau and McGilligan proceeded to beat up the applicant and bash his head against the ground, punching and kicking him, and inflicting multiple wounds to his body, head, face, arms, ribs, to the base of his spine (including fractures to the lumbar vertebrae) and both legs. 30. Then, when the applicant was semi-conscious because of the multiple assaults and injuries inflicted by Stafford, Loiseau and McGilligan, the applicant was handcuffed and placed in the back of the patrol car. 31. The applicant was then transported by the FCPF officers to the station where he was questioned by Stafford, Loiseau and other members of the FCPF, in spite of his protests and demands for medical care.

32. After being interrogated the applicant was locked in a cell without having been offered or given any medical attention. 33. Then, when he passed out in his cell, the FCPF members called the ambulance service of ANB Inc 34. After the ANB Inc personnel arrived the applicant was loaded into the back of the ambulance and was exmined by the ambulance personnel. 35. The ANB Inc personnel were testing the vital signs of the applicant and had placed an oxygen mask over the applicants face. 36. During the examination by the ANB Inc personnel the applicant regained consciousness and demanded that the ANB Inc personnel transport him to the hospital for medical treatment. 37. The ANB Inc personnel refused to transport the applicant to the hospital in spite of visible injuries to his skull and face and discharges the applicant immediately back to the members of the FCPF. 38. In the morning the applicants fiance arrived at the FCPF station reception desk to collect the applicant, at which point members of the FCPF surrounded him and escorted him out of the rear of the police station without informing him that his fiance had arrived. 39. The applicant was forced to return home on foot in spite of the injuries inflicted on him by Stafford, Loiseau and McGilligan The Injuries 40. As a result of the series of events described here above, the applicant has submitted the following injuries were sustained to him at the hands of the defendants: a) Bruises and swelling to many parts of the body b) Abrasions to many parts of the body c) Lacerations to the skull, the face, on the arms and to many other parts of the body d) Fractures to the lumbar vertebrae e) Soft tissue injury to the back f) Incapacitating and chronic pains in the back which have necessitated medical treatments g) Loss of memory h) Anxiety and depression i) Post traumatic stress j) Dependence on alcohol and medication in order to suppress pain and suffering and k) Many other injuries that are described in the medical records. The Damages 41. As a result of the events and the injuries described here above the applicant has suffered financial losses and damages, specifically and generally as described here: a) Loss of earnings and/or loss of income between the date of the incident and the date of the trial (and the date to be determined at the trial) b) Loss of capacity to perform normal day to day functions and/or being caused to rely on others to assist in daily care between the date of the incident and to date (the date to be determined at trial)

c) Cost of care between the date of the trail and to date (that includes all costs paid by medical/health insurance or others) (and date to be fixed at trial) d) Pain and suffering, loss of pleasure in and quality of life 42. The applicant pleads that the collection of injuries he has sustained prevented him from his regular employment, prevent him accomplishing domestic tasks and enjoying ordinary, everyday activities. These incapacities are permanent and will last indefinitely. 43. The applicant pleads that the collective injuries described above, which he suffered in the incident in question, and which are described in the Notice of Application, have caused serious chronic pains and they have necessitated physical therapy and medication. The applicant pleads that his chronic pain and suffering has caused losses for an indefinite duration of time and necessitate indefinite treatment. 44. The applicant pleads that the injuries described above have prevented him from serving his country and from participating in the deployment of his unit for a tour of duty in Afghanistan and have resulted in him abandoning his military career. The Legal Action (?) 45. In light of the preceding, the applicant submits that the resulting damages must be attributed to the individual and/or joint actions of the defendants. 46. The applicant alleges that Stafford is responsible for injuries and damages caused to the applicant by him having committed the frenzied assault and battery against the civil rights and person of the applicant. 47. The applicant alleges also that Stafford is responsible for the injuries and damages caused to the applicant having failed in his duty of care towards the applicant and in having been negligent in the exercise of his duties. The applicant submits that Stafford has been negligent in: a) Having detained the applicant without informing the applicant of the reasons for detention b) Having omitted or refused to follow the protocols or policies of the FCPF c) Having omitted or refused to follow the policies and directions on the use of force d) Having used more force than necessary in the execution of his duties e) Committing assault against the applicant f) Omitting or refusing to communicate with the applicant in the preferred/required language g) Omitting or refusing to permit the applicant to obtain medical assistance h) Committing all other acts that will be established at trial 48. The applicant alleges that Stafford is responsible for injuries and damages caused to the applicant by him having committed the frenzied assault and battery against the civil rights and person of the applicant. 49. The applicant alleges also that Loiseau is responsible for the injuries and damages caused to the applicant having failed in his duty of care towards the applicant and in having been negligent in the exercise of his duties. The applicant submits that Loiseau has been negligent in: a)Having detained the applicant without informing the applicant of the reasons for detention b) Having omitted or refused to follow the protocols or policies of the FCPF

c) d) e) f) g) h)

Having omitted or refused to follow the policies and directions on the use of force Having used more force than necessary in the execution of his duties Committing assault against the applicant Omitting or refusing to communicate with the applicant in the preferred/required language Omitting or refusing to permit the applicant to obtain medical assistance Committing all other acts that will be established at trial

50. The applicant alleges that McGilligan is responsible for injuries and damages caused to the applicant by him having committed the frenzied assault and battery against the civil rights and person of the applicant. 51. The applicant alleges also that McGilligan is responsible for the injuries and damages caused to the applicant having failed in his duty of care towards the applicant and in having been negligent in the exercise of his duties. The applicant submits that McGilligan has been negligent in: a) Having detained the applicant without informing the applicant of the reasons for detention b) Having omitted or refused to follow the protocols or policies of the FCPF c) Having omitted or refused to follow the policies and directions on the use of force d) Having used more force than necessary in the execution of his duties e) Committing assault against the applicant f) Omitting or refusing to communicate with the applicant in the preferred/required language g) Omitting or refusing to permit the applicant to obtain medical assistance h) Committing all other acts that will be established at trial 52. The applicant alleges that the FCPF is the employer of the peace officers who are the subjects of this action, those being: Stafford, Loiseau and McGilligan and is responsible for the acts and omissions of their members and consequently of the injuries and dmages which have been caused to the applicant by members of the FCPF 53. The applicant alleges also that the FCPF is responsible for the injuries and damages caused to the applicant by having failed in their duty of care and having been negligent. The applicant submits that the FCPF has been negligent in: a) Not having policies and procedures and protocols in place relating to the use of force by its members b) Not having provided training or the education of its members, to which these preceding matters relate, relative to the use of force c) Not having any policies, procedures or protocols relative to the treatment of detainees injuries d) Not having given authority for the applicant to obtain medical treatment e) Not having procedures or protocols for the provision of trained and competent recruits f) Not having the policies and procedures to provide bilingual service from the police g) Committing all other acts that will be established at trial 54. The applicant alleges that Fredericton City was responsible for the creation of the police force, FCPF was the employer of the officers described in this action, being Stafford, Loiseau and

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a) b) c) d) e) f)

McGilligan, and is responsible for the behaviour of the members of the FCPF and, consequently, the injuries and damages which have been caused to the applicant at the hands of FCPF. The applicant alleges also that Fredericton City is responsible for the damages caused to the applicant by having failed in their duty of care and been negligent in: a) Not having policies and procedures and protocols in place relating to the use of force by its members b) Not having provided training or the education of its members, to which these preceding matters relate, relative to the use of force c) Not having any policies, procedures or protocols relative to the treatment of detainees injuries d) Not having given authority for the applicant to obtain medical treatment e) Not having procedures or protocols for the provision of trained and competent recruits f) Not having the policies and procedures to provide bilingual service from the police g) Failing to give a clear and precise mandate to its Chief of Police or the FCPF on the use of force by the FCPF h) Committing all other acts that will be established at trial The applicant alleges that ANB Inc. personnel have failed in their duty and fulfilling their obligation by refusing to furnish and provide the necessary care to the applicant and by refusing to transport the applicant to hospital The applicant submits that ANB Inc is responsible for the actions and the negligence of their EMS personnel. The applicant submits that ANB Inc is responsible for the injuries and damages to the applicant for the following reasons: Failing to provide the necessary services to the applicant Not having the policies and procedures in place to ensure an adequate emergency medical service Not having the appropriate policies and procedures in place relative to the treatment of detainees who are injured Not having the training and education necessary for the EMS personnel to ensure competent service For refusing to transport an injured detainee to the hospital when he had visible injuries which demanded treatment and attention All other acts that will be established at trial

Measures of Redress 58. The applicant claims recompense against the defendants, jointly and severally, the measures of redress being: a. An ordered declaration to the defendants to present their public apology to the applicant in a form satisfactory to the applicant b. Damages and interest particularly, including: i) Loss of income ii) Cost of treatment/medication

iii) loss of functional capacity iv) cost of services of others v) sums redeemable by other parties (subrogation of health insurance etc) vi) other costs incurred c. General damages and interest, including: i)Pain and suffering ii)Loss of quality of life iii)Loss of capacity/function d. Future losses damages and interest, including: i)Loss of income and/or loss of earning capacity ii)Cost of care/medication iii)Loss of capacity in normal function iv)Cost of care services e. Punitive damages and interest for example: i)Expense and outlay for legal costs ii)Harmonised sales tax iii)Interest accrues on amounts paid out and due iv)All other damages and measures of redress that the court deems appropriate, just and fair in the circumstances. Signed in Fredericton, New Brunswick this day of 15th August 2011.