To Serve and Protect - Ha!

209x50 · #1 08-12-2011, 08:13 AM

http://www.theglobeandmail.com/news/national/toronto/gun-collector-sues-toronto-police-for-seizing-legally-owned-firearms/article2127176/

Gun collector sues Toronto police for seizing legally owned firearms
CARYS MILLS

From Friday's Globe and Mail

Published Friday, Aug. 12, 2011 6:00AM EDT

Last updated Friday, Aug. 12, 2011 6:45AM EDT

A gun collector who was arrested outside his east-end apartment during a midnight raid has launched a $6.5-million lawsuit against the Toronto police, his former landlords and a tipster.
Peter Sedge, 59, said he was removed from his Beaches home at gunpoint wearing only his underwear during the May, 2008, seizure of about 120 legally collected firearms.
“I was scared because as soon as I opened the door, they were all screaming at me,” he told The Globe and Mail. “I could see guns pointed at me. . . . I totally scrambled at this point.”

The raid came hours after police got a tip about a cache of firearms and ammunition from a man who had viewed the property with his father – a prospective buyer – and Mr. Sedge’s landlord, Court documents say.
In August, 2008, the property was sold to a company owned by the man’s family.
The raid, and charges that were later dropped, were part of a negligent investigation that caused him humiliation and mental anguish, Mr. Sedge alleges in his statement of claim. His construction business, PS Fabricating Ltd., also suffered, he says.
Mr. Sedge’s lawyer, Arkadi Bouchelev, called the arrest “completely unnecessary” because his client was licensed and had no criminal record. Ontario’s chief firearms officer, who is in charge of licensing, could have been called in to inspect the site or confirm Mr. Sedge’s licence and registration, Mr. Bouchelev said.
“I think there’s a lot of public interest in making sure that things like this do not happen,” he said. The legal action is in the discovery process, which Mr. Bouchelev said he couldn’t comment on, and it’s unknown when it could go to trial or be settled.
The 14 firearms charges were dropped about 10 months after the raid.
Mr. Sedge is seeking $3-million from the police for negligence, negligent investigation, false arrest, false imprisonment, unlawful search and seizure, breach of the Canadian Charter of Rights and Freedoms and aggravated and punitive damages.
Police denied the allegations and said in a statement of defence filed after the lawsuit last year that they arrested Mr. Sedge for officer and public safety.
“Our position is that the officers acted in a reasonable fashion, in good faith and in compliance with their duties,” Toronto police spokesman Mark Pugash said.
The lawsuit names the Toronto Police Services Board and 19 police officers from 55 Division and the Guns and Gangs task force. The statement of defence says only 16 of those named are officers.
Acting chair of the board, Michael Thompson, declined to comment.
The officers had reasonable and probable grounds to lay charges against Mr. Sedge, and a Crown attorney later decided to proceed with them, Mr. Pugash said. He added that police also deny claims that Mr. Sedge’s basement apartment was searched before a proper warrant was obtained.
Police received the tip from Brandon Tataryn, according to their statement of defence, who had been conducting an inspection with Mr. Sedge’s landlord. Mr. Tataryn showed police photos and said he “saw a number of rifles and a great quantity of ammunition” and advised “that the apartment was strewn with garbage and that human feces was smeared on the walls.”
Mr. Sedge and his lawyer said the apartment was messy, but there were no feces.
Mr. Sedge is also suing Mr. Tataryn and his father, Mark, and his former landlords, who he said told him about the inspection but not that anyone else would be there. He is seeking $3-million from the Tataryns and his former landlords for malicious prosecution, defamation, conspiracy, trespass, trespass to goods and aggravated and punitive damages.
Brandon Tataryn declined to comment.
Mr. Sedge is also claiming $500,000 for economic losses, which Mr. Bouchelev said could apply to one or all of the defendants.
None of the allegations have been proven in court.
The former landlords, James and David Cranton, have filed a statement of defence and deny the claims, including giving Mr. Sedge improper notice about the inspection or contacting the police. Their lawyer, Fiona Brown, declined to comment.
The Crantons sold the property at the corner of Queen Street East and Kingswood Road in August, 2008, to a numbered company belonging to the Tataryn family, according to property records. Mr. Bouchelev said it’s the same property his client lived in for more than a decade.
Meanwhile, Mr. Sedge said his life hasn’t returned to normal. Before moving to Whitby, he was left wondering what his neighbours thought of him.
“When you go out on the street, you know everybody that’s sitting on their porches looking at you were all out there that night,” he said.
Mr. Sedge said he began collecting firearms in 2007 after he became licensed for restricted and non-restricted firearms. Antique firearms also caught his eye. Later, he joined gun and revolver clubs, he said.
Former national target shooter and friend of Mr. Sedge, James Spratley, said he’s angry because Mr. Sedge was pursuing his hobby legally.
“It’s maybe a hot-button issue and certain people might not like it,” Mr. Spratley said of gun ownership. “But the bottom line is it’s a Canadian federal law.”
The police defendants that the force confirmed as officers in its statement of defence are Terrence Wray, Dennis Doyle, Stephen Gibbons, Stephen McGran, Jeffrey MacDuff, Michael Ramsay, Jason McIntyre, Lesley Zimmer, Bryan Smith, Neil Thornton, Paul Scudds, Roderick MacLean, Ron Clifford, Darryl Linquist, Michael Press and Oliver Febbo.

Shaggy · #2 08-12-2011, 09:24 AM

Go get em!!!!!

Matt L. · #3 08-12-2011, 09:29 AM

Here's hoping he wins big time. This jihad against us has to stop.

Scott N · #4 08-12-2011, 09:39 AM

The settlement should come out of Toronto's chief of police, Bill Blair, own personal retirement pension.

Ryry4 · #5 08-12-2011, 09:42 AM

Quote:

Originally Posted by Scott N

The settlement should come out of Toronto's chief of police, Bill Blair, own personal retirement pension.

That would be to good to be true. I hope this guy wins a huge settlement.

mtylerb · #6 08-12-2011, 10:51 AM

Quote:

Originally Posted by Ryry4

That would be to good to be true. I hope this guy wins a huge settlement.

This would be a huge (insert holiday depending on when the court comes to a decision in our favour) present! I say "our favour" because any win by Mr Sedge is a win for all gun owners and it sounds like he has the money and balls to follow his case through the court system.

Ryry4 · #7 08-12-2011, 10:58 AM

Quote:

Originally Posted by mtylerb

This would be a huge (insert holiday depending on when the court comes to a decision in our favour) present! I say "our favour" because any win by Mr Sedge is a win for all gun owners and it sounds like he has the money and balls to follow his case through the court system.

I agree, if he wins it would be a huge win for the firearms community. It'll be interesting to see what happens.

Okotokian · #8 08-12-2011, 11:14 AM

I agree with the suit. But where are all the "greedy scumbag" comments? The joker's asking for 6.5 MILLION dollars. oh yeah... "humiliation and mental anguish". That one is always trotted out, isn't it... and it's worth about three 0's less than what he's demanding.

Tired of guys who are wronged thinking neither they nor their children should never have to work again.

winged1 · #9 08-12-2011, 11:33 AM

Quote:

Originally Posted by Okotokian

I agree with the suit. But where are all the "greedy scumbag" comments? The joker's asking for 6.5 MILLION dollars. oh yeah... "humiliation and mental anguish". That one is always trotted out, isn't it... and it's worth about three 0's less than what he's demanding.

Tired of guys who are wronged thinking neither they nor their children should never have to work again.

It ain't worth squat. The collection (or part thereof) was viewed by an unknown third party. The moron was lucky the local banditos didn't bust him and his joint and spew those arms across a thousand local thugs.

Ryry4 · #10 08-12-2011, 11:41 AM

Quote:

Originally Posted by Okotokian

I agree with the suit. But where are all the "greedy scumbag" comments? The joker's asking for 6.5 MILLION dollars. oh yeah... "humiliation and mental anguish". That one is always trotted out, isn't it... and it's worth about three 0's less than what he's demanding.

Tired of guys who are wronged thinking neither they nor their children should never have to work again.

Okie, you'd feel different if it were you that got hauled out of your house at gun point for having legally owned firearms? If it were me I'd take them for everything I could.

Okotokian · #11 08-12-2011, 11:47 AM

Quote:

Originally Posted by Ryry4

Okie, you'd feel different if it were you that got hauled out of your house at gun point for having legally owned firearms?

feel different about what? That 6.5 million dollars was an appropriate dollar amount? My son was hit by a car while on his motorcycle, hospitalized, both legs in casts and laid up for a a considerable amount of time. He got around $7,000 for that. I'd much rather have my guns confiscated for a while. I'm not arguing he shouldn't get some cash, but so much that he nor his kids will ever have to work again? Simple greed. I say give him 1% of what he is requesting. $65,000, plus all his legal costs.

Scott N · #12 08-12-2011, 11:51 AM

I like the high amount of the suite because I want it to be punitive and make the police have second thoughts about doing something like that again.

209x50 · #13 08-12-2011, 12:03 PM

Quote:

Originally Posted by Okotokian

feel different about what? That 6.5 million dollars was an appropriate dollar amount? My son was hit by a car while on his motorcycle, hospitalized, both legs in casts and laid up for a a considerable amount of time. He got around $7,000 for that. I'd much rather have my guns confiscated for a while. I'm not arguing he shouldn't get some cash, but so much that he nor his kids will ever have to work again? Simple greed. I say give him 1% of what he is requesting. $65,000, plus all his legal costs.

You live in your world and I'll live in mine OKO.
Judges are always throwing out stiff fines and sentences as deterrents to make an example of some action. This is a great place for a big old fine to be used as a deterrent.

mooseknuckle · #14 08-12-2011, 12:15 PM

Quote:

Originally Posted by 209x50

You live in your world and I'll live in mine OKO.
Judges are always throwing out stiff fines and sentences as deterrents to make an example of some action. This is a great place for a big old fine to be used as a deterrent.

X2 oko I would love to see the fines say for speeding through a school zone at 3pm on a friday afternoon be like $10,000!! Maybe people would think twice. I think it goes both ways if they receive a slap on the wrist for neglegence then where is the real motivation to be more thuroe with there investigations.

Gust · #15 08-12-2011, 12:15 PM

Quote:

Originally Posted by Okotokian

feel different about what? That 6.5 million dollars was an appropriate dollar amount? My son was hit by a car while on his motorcycle, hospitalized, both legs in casts and laid up for a a considerable amount of time. He got around $7,000 for that. I'd much rather have my guns confiscated for a while. I'm not arguing he shouldn't get some cash, but so much that he nor his kids will ever have to work again? Simple greed. I say give him 1% of what he is requesting. $65,000, plus all his legal costs.

$6.5 gets the deserved attention of the legal system,, the judge can lower the payout and if the suit was for $1000 we would hear nothing. What's interesting is that the person who made the claim isn't mentioned at all.

There used to be a show in Canada called This Is The Law,, on one show a person is walking by a house and can see someone naked inside and calls the cops and the cops arrest the person who saw the nudity. In the parts of the states the person in their house can be charged with indecent exposure, in Canada, the person reporting the nudity can be charged with invasion of privacy.

What if it wasn't guns that the person had seen,, what if it were art that they found distateful or a photograph of a baby being washed in the litchen sink (an actual case in Quebec where a man was charged with possessing child porn because his home pictures offended the film processor,,, crazy).

There is an incredible breach of privacy committed by the person viewing Mr. Sedges home. Meanwhile the Hells Angels have caches that take up whole warehouses and we turn a blind eye.

As for insurance payout for receiving really grevious bodily harm,, that's a whole thread on it's own. A friend of mine is brain damaged and the lawyer for the insurance company actually used the injury as a reason for paying out less, something to the effect of; his bills will be mostly medical and his quality of life can't be helped by a large settlement.

mudbug · #16 08-12-2011, 12:52 PM

I hope he wins his lawsuit and gets a decent settlement

Ryry4 · #17 08-12-2011, 01:07 PM

Quote:

Originally Posted by Scott N

I like the high amount of the suite because I want it to be punitive and make the police have second thoughts about doing something like that again.

Exactly, this would make them think twice about doing something like this again. Who knows, it might be one of us next time.

270WIN · #18 08-12-2011, 02:02 PM

If you've been around any length of time at all Okie, you know that, right or wrong, that's the way the game is played. The plaintiff sues for an outrageous amount knowing right from the beginning that he/she is prepared to settle for a fraction of the amount claimed possibly a small fraction and possibly not until the parties are "right on the court house steps". In this particular case I hope the plaintiff receives an adequate amount to compensate him for the actual damage he has sufferred along with significant punitive damages sufficient to discourage policemen from behaving in this manner. The $6.5 million claimed may seem ridiculous but no more so than your figure of $65,000.

LongDraw · #19 08-12-2011, 02:12 PM

With the way the TPS claim they use the gun registry this should never have happened...

Okotokian · #20 08-12-2011, 02:13 PM

Quote:

Originally Posted by 209x50

You live in your world and I'll live in mine OKO.
Judges are always throwing out stiff fines and sentences as deterrents to make an example of some action. This is a great place for a big old fine to be used as a deterrent.

I guess we cheer for huge awards in suits we agree with and deplore them in suits we don't agree with. A 6.5 million dollar award would certainly have made sure Air Canada provided service in French as they are legally required to do. However we didn't support a big "deterrent" award in that case, did we?

270WIN · #21 08-12-2011, 02:33 PM

Quote:

Originally Posted by Okotokian

I guess we cheer for huge awards in suits we agree with and deplore them in suits we don't agree with.

Very profound,Okie. It would be a little odd if it were the other way around, wouldn't it?

Okotokian · #22 08-12-2011, 02:42 PM

Quote:

Originally Posted by 270WIN

Very profound,Okie. It would be a little odd if it were the other way around, wouldn't it?

LOL yup. But the reasonable person also realizes that what's sauce for the goose is also sauce for the gander. Can't have one form of justice for me and another form for those I don't agree with.

209x50 · #23 08-12-2011, 02:43 PM

Quote:

Originally Posted by Okotokian

I guess we cheer for huge awards in suits we agree with and deplore them in suits we don't agree with. A 6.5 million dollar award would certainly have made sure Air Canada provided service in French as they are legally required to do. However we didn't support a big "deterrent" award in that case, did we?

Never said I didn't have a bias OKO, in my world we don't vote for Libs or Dips either.

270WIN · #24 08-12-2011, 02:46 PM

Quote:

Originally Posted by Okotokian

LOL yup. But the reasonable person also realizes that what's sauce for the goose is also sauce for the gander. Can't have one form of justice for me and another form for those I don't agree with.

Never said you could.

Okotokian · #25 08-12-2011, 02:49 PM

Quote:

Originally Posted by 209x50

Never said I didn't have a bias OKO, in my world we don't vote for Libs or Dips either.

True. But it's our tax dollars. Why not a 6.5 billion dollar award? That would certainly be a deterrent. At some point we have to say "what's it really worth?"

Anyways, my two cents. You don't agree. That's cool.

oh, and I don't vote NDP or Liberal either. We are on the same planet. LOL

270WIN · #26 08-12-2011, 02:53 PM

Quote:

Originally Posted by Okotokian

True. But it's our tax dollars. Why not a 6.5 billion dollar award? That would certainly be a deterrent. At some point we have to say "what's it really worth?"

Anyways, my two cents. You don't agree. That's cool.

oh, and I don't vote NDP or Liberal either. We are on the same planet. LOL

You got a point, there, Okie (ie. the tax dollars) but as noted in one of my posts above, the 6.5 million is a claim not an award.

Mike_W · #27 08-12-2011, 03:05 PM

While it sure don't seem like the gun registry was used for its intended purpose or at all!!!
What eally confuses me is the fact that they could raid a persons apartment on the basis that a landlord seen guns and ammo.....To do a raid doesn't there need to be a search warrant of some sort issued by a judge? The legalities and guidlines that seem to be overlooked by so many is astonishing.

Why is it that so many police officers dont seem to no the firearms legislation? We have heard several cases of improper seizer of firearms ....I just don't get it.

rugatika · #28 08-12-2011, 08:32 PM

This isn't about some moron that spilled hot coffee on himself, it's about a serious breach of the public trust AND human rights AND constitutional rights by the police. What happened to the registry??? They should have been able to see right away that he had a bunch of LEGALLY owned and registered firearms BEFORE they got all LOCKED AND LOADED, and playing tv cops. I can just see them..."Lets Rock and Roll!"

I hope this guy wins HUGE!! Although with a TO jury, I don't like his chances...too bad he couldn't get a change of venue to say Sundre.

In fact...I'm not sure the 6.5 million is large enough...they'll just go write more traffic tickets for bike racks or something. A more appropriate amount might be closer to 100 million so the police will think more carefully next time they decide to violate someone's rights. Really, they should each be individually liable for their actions.

Oh...and just in case there's any question...I don't vote lib or dipper either!

bigbuck19 · #29 08-12-2011, 08:45 PM

Ha, he could get so much money out of this. I wouldn't be surprised in the least if he got the 6.5 million.

270WIN · #30 08-12-2011, 09:10 PM

Quote:

Originally Posted by Okotokian

True. But it's our tax dollars. Why not a 6.5 billion dollar award? That would certainly be a deterrent. At some point we have to say "what's it really worth?"

Anyways, my two cents. You don't agree. That's cool.

oh, and I don't vote NDP or Liberal either. We are on the same planet. LOL

Well the weekend's here now Okie. Don't 'spose we'll hear much from you now 'til Monday when yer back at yer desk... "at work".