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Jason Tamming vs. Niagara Region

Jason Tamming vs. Niagara Region

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Grant LaFleche
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5K views8 pages

Jason Tamming vs. Niagara Region

Jason Tamming vs. Niagara Region

Uploaded by

Grant LaFleche
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Court File No. CV 19- CoQ CO 14-0000 ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN: JASON TAMMING Plaintiff -and- THE REGIONAL MUNICIPALITY OF NIAGARA Defendant STATEMENT OF CLAIM TO THE DEFENDANT(S) A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the plaintiff(s). 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 must prepare a statement of defense in Form 18A prescribed by the Rule of Civil Procedure, serve it on the plaintifi(s) lawyer(s) or, where the plaintiff(s) do(es) not have a lawyer, serve it on the plaintifi(s), and file, with proof of service, in this court office, WITHIN TWENTY DAYS after this statement of claim 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 filling your statement of defense is forty days. If you are served outside of Canada or the United States of America, the period is sixty days. Instead of serving and filling a statement of defense, 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 fo serve and file your statement of defense. IF YOU FAIL TO DEFEND THIS PROCEEDING, JUDGMENT MAY BE GIVEN AGAINST YOU IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU. IF YOU PAY THE PLAINTIFF'S CLAIM and $1,000.00 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 that the amount claimed for costs is excessive, you may pay the plaintiff’s claim and $100.00 for costs and have the costs assessed by the court 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. original signed by Date:_ CR = se 2019 Issued by: Charlene J. Hibma Registrar GH59-Church Street LRN SUPERIOR COURT OF JUSTICE 611 OTH AVENUE EAST OWEN SOUND ON N4K 6z4 TO: ‘The Regional Municipality of Niagara 1815 Sir Isaac Brock Way PO Box 1042 Thorold, ON 12 417 CLAIM The plaintiff claims against the defendant: @) (b) ©) @ (e) wo A declaration that the plaintiff was wrongfully dismissed by the defendant; An order that the defendant pay to the plaintiff for breach of contract an amount equivalent to 18 months of the plaintiff's gross salary together with a further 25% on such amount for loss of employee benefits and pension accrual to which he would have been entitled under the said contract; In the lesser alternative to the relief sought in paragraph c) hereof, an order that the defendant pay to the plaintiff common law damages of 18 months pay in lieu of notice, together with a further 25% on such amount for loss of employee benefits and pension accrual to which he would be entitled during the said notice period; Moral damages, aggravated damages, punitive damages and damages for ‘mental distress, each in the amount of $75,000; Prejudgment interest pursuant to the Courts of Justice Act; and Costs on a substantial indemnity basis. The plaintiff (“Jason”) is a resident of St. Catharines, Ontario. He was born on January 20, 1989 and is 30 years old.

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