Court File No. 54/12
SUPERIOR COURT OF JUSTICE
B E T W E E N:
PETER EVANS, ANGELA QUINN, and LOGAN DEMILLE AND SAVANNAH DEMILLE
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, THE ATTORNEY GENERAL FOR ONTARIO, THE CITY OF QUINTE WEST POLICE SERVICES BOARD, TRENTON CHRISTIAN SCHOOL, THE MINISTER OF CHILDREN AND YOUTH SERVICES, HIGHLAND SHORES CHILDREN'S AID SOCIETY, DAREEN LEVER and NICCOLE MCANALLY
TO THE DEFENDANT:
A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the plaintiff. The claim made against you is set out in the statement of claim served with this notice of action.
IF YOU WISH TO DEFEND THIS PROCEEDING, you or an Ontario lawyer acting for you must prepare a statement of defence in Form 18A prescribed by the Rules of Civil Procedure, serve it on the plaintiff's lawyer or, where the plaintiff does not have a lawyer, serve it on the plaintiff, and file it, with proof of service, in this court office, WITHIN TWENTY DAYS after this notice of action is served on you, if you are served in Ontario.
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.
Instead of serving and filing a statement of defence, you may serve and file a notice of intent to defend in Form 18B 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 AGAINST YOU IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU. IF YOU WISH 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.
IF YOU PAY THE PLAINTIFF'S CLAIM, and $ 175.00 for costs, within the time for serving and filing your statement of defence, you may move to have this proceeding dismissed by the court. If you believe the amount claimed for costs is excessive, you may pay the plaintiff's claim and $400 for costs and have the costs assessed by the court.
Date: May 4th 2012
Issued by Kristal Davies
The Superior Court of Justice (Cobourg)
860 William St
ON K9A 3A9
TO: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO and
THE ATTORNEY GENERAL FOR ONTARIO
720 Bay Street, 11th Floor
THE CITY OF QUINTE WEST POLICE SERVICES BOARD
7 Creswell Drive,
P.O. Box 490
Trenton, ON K8V 5R6
HIGHLAND SHORES CHILDREN'S AID SOCIETY
469 Dundas Street West
THE MINISTER OF CHILDREN AND YOUTH SERVICES
M-1B114, Macdonald Block
900 Bay Street
Toronto ON M7A 1N3
THE TRENTON CHRISTIAN SCHOOL
432-540 2 Dug Hill Road
ON K8V 5P7
161 Sidney St
Trenton, ON K8V 2S6
74 John St
Trenton, ON K8V1K1
- The Plaintiff PETER EVANS claims as against HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, THE ATTORNEY GENERAL FOR ONTARIO, THE MINISTER OF CHILDREN AND YOUTH SERVICES, THE CITY OF QUINTE WEST POLICE SERVICES BOARD, TRENTON CHRISTIAN SCHOOL, and the HIGHLAND SHORES CHILDREN'S AID SOCIETY (formerly known as HASTINGS COUNTY CHILDREN'S AID SOCIETY) is for:
- General Damages for Pain and Suffering in the amount of $ 1,000,000.00;
- Intended Infliction of Emotional and Mental Stress in the amount of $1,000,000;
- Special Damages for loss of use and enjoyment of property in the amount of $25,000;
- Malfeasance by authorities duly entrusted with authority in the amount of $1,000,000.00
- Damages resulting from Malicious Prosecution in the amount of $2,500,000.00.
- Damages resulting from numerous breaches of Rights Guaranteed by the Charter of Rights of the Constitution Act of 1982 (namely the Rights to Liberty, Security, and To Be Innocent Until Proven Guilty in a Court of Law) in the amount of $1,000,000.00.
- Damages pursuant to the Family Law Act R.S.O. 1990, c. F.3, s. 61 (2e) for Angela Quinn in the amount of $ 100,000.00.
- Damages pursuant to the Family Law Act R.S.O. 1990, c. F.3, s. 61 (2e) for LOGAN DEMILLE in the amount of $ 100,000.00.
- Damages pursuant to the Family Law Act R.S.O. 1990, c. F.3, s. 61 (2e) for SAVANNAH DEMILLE in the amount of $ 100,000.00.
- Pre-judgement interest and post-judgement interest pursuant to the Courts of Justice Act, R.S.O., 1990, c. C.43 as amended,
- Costs of this action.
- Such further and other relief as this Honourable Court may deem just.
- The Plaintiffs further claim as against HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, THE ATTORNEY GENERAL FOR ONTARIO, and THE CITY OF QUINTE WEST POLICE SERVICES BOARD, for negligent investigations by Crown Attorneys 'Monica Heine' and 'Peter Barnes' in response to orders from two Superior Court Judges, the OPP Professional Standards Bureau and yet 'unnamed' Crown Attorney/s in regard to a nine month criminal probe of one of its servant and agents 'Brad Robson' who's participation in this matter brought further malicious acts upon the Defendants by HIGHLAND SHORES CHILDREN'S AID SOCIETY and THE MINISTER OF CHILDREN AND YOUTH SERVICES.
The plaintiff's claim is response to matters as follows:
- It was learned that sometime around June 1st 2009 Sherry Colvin and employee of the Hastings County Children's Aid Society (currently known as Highland Shores Children's Aid Society) had received a complaint from employees at the Trenton Christian School regarding a Jane Doe 'child' (name restricted by publication ban) of a former girlfriend of Peter Evans named 'Nicole McAnally'.
- The original complaint was said to have been in regard to the child's attendance and poor performance at school.
- During this investigation by Sherry Colvin, the Ontario Provincial Police were summoned and dispatched Quinte West OPPofficer/s to assist them in their investigation.
- At some point a hand written note (the 'note') was pro ported to have been discovered, which suggested that Jane Doe wished to share a 'story' regarding a past sexual abuse.
- In 2005 Darren Lever is known to have made allegations against the Plaintiff Peter Evans to the Hastings County Children's Aid Society which were found to be unsubstantiated.
- On or about July 3rd, 2009 Peter Evans was arrested and charged with the following: criminal harassment, breaking and entering, assault, sexual assault and sexual interference.
- Bail conditions required his separation from his family, which included ANGELA QUINN, and LOGAN DEMILLE AND SAVANNAH DEMILLE, for a period of approximately one year.
- On April 12th, 2010 Peter Evans attended his Provincial Court Preliminary Hearing, in Belleville Ontario. This day he learned that His Honour Judge Hunter instructed the Crown in a private meeting with Peter Evans lawyer, that they should 'let him go, as the testimony of the alleged victim and her mother were not credible'. The Crown refused to retreat from their prosecution.
- On or about October 11th, 2011 a two week trial began in the The Superior Court of Justice in Belleville Ontario.
- During this trial serious questions were raised about the authenticity of the 'note'. It was discovered that Jane Doe had not written the 'note' nor did she have any knowledge of ever seeing the 'note' before.
- As well, during the trial the aforementioned Darren Lever allegations were raised and provided inspiration to a change of story in the testimony of Niccole McAnally. Under oath she was found to have lied to authorities.
- On or about October 18th, 2011 Peter Evans was acquitted on all counts by His Honour Judge Tranmer.
- The effects of these charges on Peter Evans life and reputation are monumental. He suffers from the phobia of having been labelled a pedophile. He suffers from post traumatic stress disorder, severe depression, emotional and psychological distress, embarrassment, sexual disfunction, agoraphobia, and an intense distrust of authority.
- The effeets of this matter on ANGELA QUINN and the minor children LOGAN DEMILLE AND SAVANNAH DEMILLE include an intense fear of police, and anxiety which is often illustrated by nightmares, and emotional and psychological distress.
- LOGAN DEMILLE (age 11) AND SAVANNAH DEMILLE (age 6) further displayed effects which included the development of nocturnal uninary dispersion syndrome which continues today.
- During this entire time Peter Evans was restricted from living at his home which required his maintenance of two homes in order to full-fill his familial responsibilities.
- More outrageously, because he is a private contractor in the refrigeration business Peter Evans had to sign in at the Quinte West OPP prior to engaging in a specific 'job' and after completing said 'job'. This often demanded he drive to and from the Quinte West OPP twenty-five to thirty time every single day.
- His company vehicle is a 1/2 tonne truck weighed down with equipment which consumes a considerable amount of fuel. Given the cost of fuel, and the loss of man hours available to accept and complete jobs, Peter Evans estimates the costs of this single restriction to have been substantial.
- On or about April 24th, 2012, Peter Evans and Angela Quinn received a visit from members of the Northumberland OPP and a representative from the HIGHLAND SHORES CHILDREN'S AID SOCIETY, wherein they were informed that a report had been received that Peter Evans had attended V.P. Carswell Public School, in Trenton Ontario, driving the vehicle registered to Angela Quinn and 'picked up' the minor children LOGAN DEMILLE AND SAVANNAH DEMILLE.
- Peter Evans has been loco parentis to LOGAN DEMILLE AND SAVANNAH DEMILLE for the past four (4) years.
- They further informed Peter Evans and Angela Quinn, that Peter Evans was 'restricted from having any communications with LOGAN DEMILLE AND SAVANNAH DEMILLE'.
- Further, the HIGHLAND SHORES CHILDREN'S AID worker alleged that Peter Evans had a long history of sexual misconduct toward children.
- The HIGHLAND SHORES CHILDREN'S AID worker also demanded the removal of Angela Quinn and LOGAN DEMILLE AND SAVANNAH DEMILLE from their home and they be relocated to another residence while the HIGHLAND SHORES CHILDREN'S AID SOCIETY conduct another investigation into this matter.
- Peter Evans informed the worker and the OPP officers of his Acquittal in the Superior Court of Justice on the only allegations ever raised against him, and provided evidence of this fact.
- The worker refused to accept the finding of The Superior Court of Justice and said 'we are higher than the criminal court.' She further stated that current court ordered conditions prevented Peter Evans from having contact with LOGAN DEMILLE AND SAVANNAH DEMILLE, and threatened to take custody of the minor children if they did not comply.
- In order to protect the minor children LOGAN DEMILLE AND SAVANNAH DEMILLE from embarrassment and abuses to their security at the hands of the HIGHLAND SHORES CHILDREN'S AID SOCIETY worker and the OPP, Peter Evans and Angela Quinn complied with this request.
- They further believe this request to be nothing more than a criminal extortion.
- It has been learned that the Quinte West OPP had made these false and unsubstantiated allegations against Peter Evans and that OPP officer Brad Robson had initiated this complaint.
- It is known to Peter Evans through media releases and personal investigation that Brad Robson is the Defendant in a lawsuit currently before the courts (Brummell v The Attorney General for Ontario et al. Cobourg Superior Court File 11/11) and that allegations of a coverup of criminality attributed to Brad Robson and several other officers is a centrepiece of that action.
- It is further known that Crown Attorney 'Monica Heine' was ordered by Superior Court Judge Byers on or about May 18th, 2007 to investigate allegations of 'fabricated notes' and 'tampered evidence' against Brad Robson and report back to the court. On or about January 3rd, 2008, Superior Court Judge Belch, upon learning this previous order was not complied with ordered Crown Attorney 'Peter Barnes' to comply with the Byers order.
- It is alleged in the above claim that neither court order was complied with by the Crown and as such Brad Robson never faced justice for the alleged fabrication.
- The Quinte West Police Services Board is named in the above referenced action in regard to a later July 2009 criminal investigation which named Brad Robson's above alleged acts and included: tampering with evidence, theft, conspiracy to obstruct justice, and other crimes.
- This criminal investigation is alleged to have been deficient and illustrates a conspiracy to obstruct justice on the part of OPP Professional Standards Bureau, The OPP Anti Rackets Bureau and one or more unnamed members of the Crown Criminal Division. All of which were contracted by the City of Quinte West Police Services Board under specific clauses of the City's contract with the Ontario Provincial Police.
- Currently, the family of Peter Evans and Angela Quinn is illegally, immorally and maliciously separated by the actions of OPP officer Brad Robson and the HIGHLAND SHORES CHILDREN'S AID SOCIETY. Such actions of mendacity represent direct breaches of the Rights Guaranteed all Plaintiffs by the Charter of Rights of the Constitution Act of 1982, namely the right to security and liberty.
- Peter Evans right to be innocent until proven guilty in a court of law is also being violated daily, after being acquitted in the Superior Court of Justice.
Dated: May 4th,2012
108 Stewart Road
MAY 04 2012