Two lawsuits against city end quietly
At least one person suing city says he didn't have the money to continue case
Shane Magee
Northern News Services
Friday, June 24, 2016
SOMBA K'E/YELLOWKNIFE
Two separate lawsuits involving the city's bylaw enforcement division have been quietly dropped in the past year, court records show.
Gary Jaeb dropped a lawsuit against the city and two bylaw officers over his arrest Sept. 20, 2014 during an argument over whether he was wearing a seatbelt. He claimed he was assaulted and humiliated by the officers involved but can't afford to continue the case. - NNSL file photo |
The first lawsuit, filed in 2013, was brought by former bylaw officer Doug Norrad for about $770,000, after he claimed he was wrongfully dismissed. It ended in August last year.
The second was brought by Gary Jaeb claiming he was harmed by an arrest carried out in September 2014 that was captured on video and widely shared on social media. His case ended in May this year.
"We just want to get on with our lives," Jaeb said Tuesday. "We just dropped it."
There's no indication in the files reviewed to indicate why Norrad's case ended or whether any kind of settlement was reached.
"No additional comments," city spokesperson Nalini Naidoo stated in an e-mail when asked for comment on the cases.
Jaeb was driving home with his wife Bertha on Sept. 20, 2014 when a bylaw officer followed them, believing he wasn't wearing a seatbelt. When Jaeb challenged the officer to provide proof of his status as an officer, a dispute and then struggle ensued. Jaeb admits he punched the officer, though he said it was in self-defence, since he believed the arrest was illegal. He was pulled from the vehicle and thrown to the ground, something caught on video, shot from an apartment and later shared on social media.
Jaeb alleged he was assaulted by two bylaw officers, illegally arrested, that his charter rights were violated and he was humiliated by the city employees and RCMP officers who also responded. He claims he suffered physical injuries and that he and his wife continue to suffer psychologically.
He did not specify how much he was seeking as compensation in the lawsuit.
The city and RCMP denied wrong-doing in documents responding to the allegations filed last year.
Jaeb had told Yellowknifer last fall the lawyer he had been using was no longer representing him and that the next step in the case was unclear.
The city had retained Edmonton law firm Brownlee LLP for its defence.
"We can't pay lawyers to fight big law firms from down south that are being paid by taxpayers' money so we just withdrew," Jaeb said, which meant there was no settlement.
Norrad claims he was subjected to false theft allegations and harassment at city hall.
The city in January 2011 asked RCMP to investigate claims of stolen parking meter coins and fingered Norrad as the suspect. RCMP determined the allegation against Norrad was unfounded. The city claimed the investigation ended because Norrad didn't co-operate, a claim rejected by RCMP.
Norrad claimed he was left in a hostile working environment and was placed on stress leave. He returned but claimed the bullying continued.
Norrad was fired by the city Nov. 26, 2012 when he was earning $101,508 and was entitled to a full benefits package that included dental, health and disability coverage.
He claimed in the case he was owed 20-months' salary along with damages.
Last year, the court file showed the case was proceeding through what appeared to be routine depositions and requests from records from the city and RCMP.
In an affidavit, Dennis Marchiori, the city's director of public safety, said the former city senior administrative officer had directed "there would be nothing in writing" about the theft complaint or communications with RCMP.
That was one of the final documents added to the court file until a notice that the case was discontinued.
Attempts to reach Norrad were not successful.
