HELP Canadian Lawyers, need some advice

Toronto, Ontario, Canada

Nov26, 2003. clear late morning around 11AM-noon, no precip on ground.

My cousin was going to a restaurant. Idled his car with his parents seated inside to help a parked car leave so he can take the person’s space once gone.

And out of nowhere comes a minivan to park in the now empty space. Although my cousin has been telling all cars that passed by that this is his spot. (His idled car has the turn signals on to reinforce his intent to park. The minivan guy says “move out of the way”. Cousin says, " I plan on parking here", minivan guys says, “Do you want to commit suicide?”.

Minivan guy begins to bump my cousin and then hitting the gas to move faster. (most likely top speed of 15/20 kph, and of roughly 3/4 car length of this speed). My cousin is backpedalling while the minivan moves towards him. He can’t backpedal anymore, since recently had surgery on his right knee (from slipping on ice incident JAN2003, shattered knee cap in 3 pieces). He gets hit hard on his knees at the end of the car length. Nothing broken at the scene, but knees are sore.

Minivan guy goes into restaurant to eat with family. My cousin tells him while walking in that the police will be called. Police arrive, cousin points out minivan guy. Cop says “two wrongs don’t make a right” (??? I don’t know what my cousin did wrong here ???), also says “Doesn’t want to clog the courts with parking spot fights when there are rapist and murderers to be put behind bars” (??? criminal charges won’t be laid ???)

My opinion on this is as follows and might be biased towards my cousin:

this was a physical assault using a weapon with intent to kill.

physical assault using a weapon is straight forward. It’s like someone coming at my with a bat but in this case it’s a minivan. Intent to kill is shady, but the minivan guy gave the option of committing suicide. This statement was written down by the police as testimony from both parties involved. The minivan guy had intent to kill in my opinion.

What I want to see is this minivan guy lose his driver’s licsence AND get jail time. Yea, I know I’m biased but is there nothing that can be done? The cop that had arrived didn’t seem to be sympathetic with my cousin. I thought pedestrians were almost always in the right (barring flat stupidity like running across a busy intersection).

What my cousin did afterwards. He called his lawyer, but the lawyer will see him two days after the incident or Nov28, 2003. He went to the doctor’s later in the day and was told there is ligament damage in both knees. Badge number and minivan licsence plater numbers were recorded. NO pictures taken, no unbiased witness remained at scene to record contant information.

Criminal charges? police doesn’t want to.
Civil suit for medical bills? Mind you this is Canada and so no outrageous pain and suffering settlements.

What needs to be done? Is there anyway this guy can be held resposible?

And in closing what the fvck is wrong with the world today?

It’s people like the minivan guy that we live in such a $hithole of a world…

Wait to talk to the lawyer. I’m not sure if this is assult with a deadly, but it sounds like a big fat lawsuit waiting to happen.

In a perfect world , your cousin would have been able to re enter his vehicle and park in the allotted spot. However being the season of joy and happiness, being xmas, people are reverting to being road warriors and taking things.

[SARCASM]what a class individual[/SARCASM]

My question is , did the other car that your cousin was assisting , leave the scene , or were they a witness to this, and were there anyother folks in the area , or surveilance cameras in the imediate area with a clear view of the incident that could be supoenaed ?

I’d not bother with the cops at the moment and collect primary evidence with your lawyer ,and go to the JP and have him swear out a warrant for the individual , starting at attempted motor manslaughter (don’t think thats gonna happen ,but let them drop the charge to what ever should be charged.

As for why the cop did not charge the individual concerned , I have no idea , but would hazard a guess that metro cops are pursuing a policy towards road rage , like I have heard the york region and durham region cops are doing, which is to burn both drivers in the belief that it takes two to tango, and that your cousin should have accepted the defacto situation and surrendered the parking spot without a second word.

I am sorry ,but this attitude is naive. You read the Toronto Sun , you know the storys of our justice system. Even if the cops had charged him , the courts convicted him , he probably would have walked with community service.

Its the christmas season ,and that means that the cops are gonna be dealing with all sorts of road rage , which this was ,and they are not gonna be sympathetic.

Your cousin lost the ability to gain justice ,by trusting the law enforcement community , instead of taking a baseball bat to this individuals mini van like he should have.

Go back to the scene , take pics anyways. If you persue this to the end , having a visual scene should be helpful , but not garunteed

This something your lawyer is best able to counsel you on , but be ready to swallow a bitter pill , as it rests with the Justice of the Peace.

Welcome to the rat race , during the christmas season ,parking lots become battlefields and some people take it to extremes. But please follow up on this ,as it something that should be spoken of and talked about.

Declan

left the scene, all witnesses that were unbiased left and contact info not gathered… which would hurt the case severly. I’m not sure if there are surveillance cameras. I’m not sure where it happened, but my cousin did say it was at a mandarin restaurant and I think it’s the one on Eglinton and Birchmount in Scarborough. He usually always goes there.

The cop seemed very unsympathetic when I was told this story from my cousin. It could’ve been skewed but I think it’s believeable. What gets me going is that his lawyer is busy with other things. Maybe my cousin should look for another lawyer to handle this as soon as possible, but I guess time has already passed and nov28 meeting is tomorrow so no more need to pursue this at the fastest possible way.

The police just grate me in this situation. I commend them for doing a hard public service, but acting as if nothing was committed just irks me.

my cousin also said that the cop said this:

the cop pushes him on the shoulder with his hand.

“does that hurt? It’s like getting hit by a car, you should move out of the way” I think there is a bit of physics involved here and a hand shoving versus a car shoving is a big difference. Energy and momentum conservation laws would dictate that the minivan would by far do greater damage. The cop was a maroon… but i digress.

and to the query of why didn’t my cousin move out of the way?

well I don’t think he was given sufficient amount of time to do so. He was slightly crippled, being that he is still recovering from knee surgery from earlier this year. His movement speed is comparable to an elderly citizen. His reaction time isn’t that great being a 200+ pounder.

about the pics, i told him we should go back and at least take pics of the scene, but he wants to wait for counsel with his lawyer. This is a great plug for all cars to be prepared with disposable cameras in their glove compartments. Be prepared guys. You never know when I psycho will run you down, so have those cameras ready, I guess.

Ah what a wonderful joyous occasion we call Christmas, where we all enjoy a relaxing time with family, where we celebrate the birth of Jesus Christ the Saviour, where all the nuts get free range to do all the lawless acts they want…

I’ll try and keep you posted on what happens, but with what you said, it doesn’t look too optimistic.

Yeah it occured to me later after I posted the reply that what he may be able to get this guy on , is leaving the scene of an accident ,and see if his insurance company will go after the other insurance company.

You have the plate # ,and the doctors report about injuryies consistent with a motor vehicle accident.

With the cost of insurance these days , that may be more satisfying in the end ,than having a cop charge him.

Declan

I haven’t talked to my cousin since the day it happened. He’s a busy guy, but I know he’s more than capable of getting the gears moving on restitution. He was awarded a sufficient settlement on the ice slipping incident that happened to him earlier in the year, so he’s more than able to get things moving with this.

It’s weird how his luck with “accidents” is bad. He’s been injured way too many times in the year 2003. I just feel unsatisfied with what the police said, unsatisfied with the whole system that would let someone hit someone with a car and let them go. And totally pissed off that the minivan guy hit a person and actually went in to eat with his family…

and the thing you said about getting a baseball bat and doing damage on the minivan, that is SO me. I would’ve done that and then some. I think I would’ve picked a fist fight, if he left, I would’ve kicked dents into his minivan, shattered the windshield and then some, but then I would be the bad guy in all this. I’m glad my cousin acted maturely and sought the police and not react like a hot-tempered asshole which is me.

Somehow I think things will be fine, but seeing this guy’s driver’s liscence revoked and get some sort of jail time or community service and a criminal record would be what I would want out of such an ordeal.

I just checked the Criminal Code of Canada. From a reference book at a library.

Martin’s Annual Criminal Code - 2003 -
Canada Law Book Inc.
240 Edward Street, Aurora, Ontario, L4G 3S9

with annotations by Edward L. Greenspan, Q.C.
of the Ontario Bar and
The Honorable Mr. Justice
Marc Rosenberg
of the Ontario Court of Appeal

This minivan guy is criminally responsible for the following:

Uttering Threats (underlined part is the important part)

Assault

** Assault with a Weapon or Causing bodily Harm **

Important Definitions. from Section S.2.

Is there any doubt on this matter? I can’t see how this incident wasn’t criminal, and all this mumbo jumbo in the Criminal Code seems to define most of what happened.

Need help still, I’m trying to contact my cousin to give him the photocopied pages of the reference book…