Law Times

Law TiMes • March 16, 2009 criminal court system, a law- yer representing the family of a man shot to death by Ontario Provincial Police says the prov- ince and its agencies are con- tributing to unwarranted delays in the civil justice system. It's been more than three-and- Province and its agencies contributing to delays: lawyer E FOCUS BY JULIUS MELNITZER For Law Times ven as Ontario Attorney General Chris Bentley la- ments the delays in the "or both acting in concert with each other" shot him with an "unlawful and excessive" use of force. In her statement of defence for a-half years since Harold Maltar died and about 16 months since Alfred Kwinter, a founding partner of Toronto's Singer Kwinter, filed a claim for damages in the Superior Court alleging that OPP officers Emily Skleryk and William Watts wrongfully shot his client. None of the allegations against any of the defendants have been proven in court. Discoveries in the case had been organized when Kwinter received a request in November 2008 from the Crown Law Office asking for an adjournment pend- ing a coroner's inquest scheduled for January 2009. "I agreed because the inquest was so close," says Kwinter. But on December 4, Dr. Dirk Huyer, the regional supervising coroner, announced that the in- quest had been postponed. "The Crown sought to adjourn the Crown, Luba Kowal of the Crown Law Office - Civil states that the arrest was lawful because Watts had grounds to believe the car was stolen. According to the statement of defence, Watts re- moved the handcuffs at the de- tachment following which Maltar began to act erratically, and moved toward the exit "in an apparent attempt to flee custody." When Watts tried to stop Alf Kwinter says delays put his case in 'never-never land.' Ombudsman André Marin slammed the province's Special Investigations Unit for letting the police control its investiga- tion and adopting an "impotent stance" when challenged by po- lice. Marin focused on eight cas- es, including the SIU's investiga- tion of Maltar, which concluded in August 2006 that Maltar had killed himself with Watts' gun. "The Ombudsman found this In October 2008, Ontario to be a case that warranted fur- ther scrutiny," Kwinter says. According to the claim filed the inquest because they claimed not to have had enough time to prepare the case although the events occurred years ago," Kwin- ter says. "My clients were outraged because that put the discoveries into never-never land." The Crown has had nothing but grief over this case. took him to the Port Credit de- tachment, where Watts or Skleryk C A N A D I A N L E G A L N EWSWI R E it's fresh, it's free, it's weekly e-news! Sign up today at www.lawtimesnews.com FROM THE EDITORS OF LAW TIMES AND CANADIAN LAWYER by Kwinter, Watts stopped Mal- tar, 45, after he noticed that Mal- tar's car lacked licence plates. He arrested Maltar for failing to pro- vide identification. Kwinter claims the arrest was unlawful because Maltar identified himself. Watts handcuffed Maltar and him, a scuffle ensued. Maltar shoved Watts into a glass brick window. Watts shouted for as- sistance and Skleryk, the only other officer in the detachment, came to assist. Their attempts to restrain the suspect were un- successful, despite the fact that Skleryk used pepper spray, says the statement. Maltar then tried to grab Watts' gun. After failing to sub- due Maltar by hitting him with a baton, Skleryk drew her firearm and fired "two shots in self-de- fence" in the direction of Maltar's upper body, says the statement. "Maltar aimed Watts' gun at on behalf of the officers by Maria Scarfo, a partner at Blaney Mc- Murtry LLP takes a position that substantially coincides with that taken in the Crown's statement of defence. But Kwinter also alleges in The statement of defence filed the claim that the officers "fab- ricated and concocted false evi- dence" during the SIU investi- gation "in an attempt to absolve themselves" of responsibility. The defendants state in their pleading that they did not fab- ricate or concoct evidence. "Skleryk and Watts state that they conducted themselves ap- propriately as officers of the law," Scarfo writes in their statement of defence. The plaintiffs are Maltar's estate; his wife Sally Maltar; Maltar's three stepdaughters, who were 19, 14, PAGE 11 and 9 when he died; Anna Maltar and Margaret Sutcliffe, Maltar's sisters; and his brother Robert Maltar, who is also the litigation administrator for the estate. The plaintiffs are claiming $150,000 in damages pursuant to the Family Law Act; $150,000 in damages under the Trustee Act; $1 million in damages for breach of the Charter; punitive, aggravated, and exemplary damages of $1 mil- lion; and interest and costs. At press time, discoveries had not been rescheduled, because dates for the inquest had not been set. "New dates for the inquest are being arranged, but we can't arrange discovery dates until af- ter the inquest is completed," Kwinter says. And who knows when that will be? E.V. Litigation & Financial Services Inc. Elaine G.Vegotsky, CMA, CFE, CFI Assisting you in Litigation & Forensic Accounting, Financial Investigations his own head and fired one shot, which resulted in a fatal self-in- flicted wound," the statement of defence states. Trust [ 4 5 Sheppar d Avenu e East, Willowdale, Ontario M2N 5W9 Suit e 900 evlitigation@rogers.com Telephon e o r Fax (416 ) 930-1370 (905) 731-5812 LT Vlit_LT_Mar17_08.indd 1 3/13/08 11:55:47 AM Every time you refer a client to our firm, you're putting your reputation on the line. It's all about trust well placed. Leonard H. Kunka - Partner | L. Craig Brown - Partner | Darcy R. Merkur - Partner For over 70 years Thomson, Rogers has built a strong, trusting, and collegial relationship with hundreds of lawyers across the province. As a law firm specializing in civil litigation, we have a record of accomplishment second to none. With a group of 30 litigators and a support staff of over 100 people, we have the resources to achieve the best possible result for your client. Moreover, we are exceptionally fair when it comes to referral fees. We welcome the chance to speak or meet with you about any potential referral. We look forward to creating a solid relationship with you that will benefit the clients we serve. THOMSON, ROGERS Barristers and Solicitors 416-868-3100 Toll free 1-888-223-0448 www.thomsonrogers.com YOUR ADVANTAGE, in and out of the courtroom Untitled-2 1www.lawtimesnews.com 3/10/09 12:39:24 PM

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• Queen Of Smiles
• Identity Theft
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