Court File and Parties

COURT FILE NO.: CV-11-437874
DATE: 20120601
SUPERIOR COURT OF JUSTICE - ONTARIO

RE: KENNETH QUARTEY, Plaintiff

AND:
PEEL POLICE SERVICES BOARD, CHAIRMAN EMIL V. KOLB, CHIEF H. MIKE METCALF, OFFICER S. MENDYK, OFFICER V. RICHARD, DETECTIVE ST. JULES, ASSISTANT DETECTIVE DAN RICHARDSON, THE BOARD OF THE CITY OF BRAMPTON, MAYOR SUSAN FENNELL, IAN NEWMAN, BOARD OF ONTARIO CIVILIAN COMPLAINTS ON POLICE SERVICES, AND CHRISTINA ZABIELSKI, Defendants

BEFORE: J. WILSON, J.

COUNSEL:
Kenneth Quartey, In Person

Gordon Marsden , for the Defendants, Peel Police Services Board, Chairman Emil V. Kolb, Chief H. Mike Metcalf, Officer S. Mendyk, Officer V. Richard, Detective St. Jules, and Assistant Detective Dan Richardson

HEARD: May 30, 2012

ENDORSEMENT

[ 1 ] The Peel Police Services Board, Chairman Emil V. Kolb, Chief Mike Metcalf, and Officers Richard, St. Jules and Richardson (the Defendants) bring this motion seeking to strike the Statement of Claim against these Defendants, without leave to amend, as it is plain that the pleading fails to disclose a cause of action. In the alternative, the Defendants seek to strike the Statement of Claim as being frivolous, vexatious and an abuse of process.

[ 2 ] The Plaintiff, Kenneth Quartey, acting on his own behalf has initiated a free flowing 73 page Statement of Claim dated October 24, 2011 against these Defendants, and as well against two other defendant groups including the Mayor of Brampton, and the Board of Ontario Civilian Complaints. There are two other motions scheduled by the other defendant groups seeking to dismiss the Statement of Claim against them.

[ 3 ] The Plaintiff alleges in the claim that the Strategic Services Division of the Ontario Provincial Police (the OPP) has conducted a covert campaign of malfeasance, harassment, intimidation, persecution and human rights violations since 1997. In particular, he alleges that the OPP have attended and removed items from the Plaintiff’s computers and tampered with his computers while he is sleeping. As well, the Plaintiff alleges that the OPP has contaminated his groceries with chemical biohazards, and that they have worked together with various landlords of the Plaintiff to render him homeless.

[ 4 ] The Plaintiff has reported the conduct of the OPP to these Defendants, who have failed to take appropriate action by way of investigation. This is the substance of the claim in this proceeding. By letter dated February 15, 2006 Inspector Mendyk dismissed the Plaintiff’s claims as frivolous and vexatious and not based upon facts.

[ 5 ] In the Statement of Claim, these Defendants are drawn into some sort of a conspiracy with the OPP apparently largely because the actions of the OPP took place within the jurisdiction of these Defendants.

[ 6 ] I expressed concern about the Plaintiff’s capacity to proceed with the motion. He was polite and well spoken, and obviously very intelligent. He confirmed that he wished to proceed. He told me of years of persecution by the police, which included accessing his computers and using lasers to cause injury to his body.

[ 7 ] I accept that for the Plaintiff these allegations of actions by the police are real to him and daunting. He complains because these Defendants have not taken adequate action to investigate or enforce. However I find that there are no allegations against these Defendants outlined in the claim that found a valid cause of action sustainable in law, even if the facts as pleaded are accepted as being true. No possible amendments could cure the problem. For these reasons, the action against these Defendants is dismissed, without leave to amend.

[ 8 ] As the Plaintiff is on social assistance, there will be no order as to costs. I urge the Plaintiff to seek medical attention for his issues.

J. Wilson J.

Date: June 1, 2012