Battered victim proceeds with $1 million lawsuit against police, city
and Bayfield Mall
BARRIE, ON, June 21, 2013 /CNW/ - Barrie resident Jason Stern feels
vindicated and tremendously relieved after Provincial Court today
convicted a city policeman of assault causing bodily harm, obstructing
justice and fabricating evidence.
Constable Jason Nevill, a 14 year member of the Barrie Police Service,
has been on paid leave since the vicious and unprovoked assault he and
members of Bayfield Mall's security team inflicted on Stern in
"Our client was subjected to the worst possible treatment by a violent,
lying public servant," said Stern's lawyer, Bernard P. Keating of Ares
Law. "With this case behind us, Jason can now focus on moving on with
his life and obtaining appropriate damages for his continuing
suffering. We applaud the system for this just decision."
"Constable Nevill assaulted me, with no provocation, knocking me down,
and repeatedly striking my face, head and body," said Stern, now aged
28. "I continue to recover from serious and permanent injuries,
including psychological trauma. I was subjected to severe physical and
emotional shock to my system."
Victim's charges dropped
Following the incident in question, Stern was charged by Constable
Nevill with assault with intent to resist and public intoxication. The
officer falsely claimed, in the official arrest report and in his
notes, that Stern "shoved his hands in the officer's vest and face…and
kneed (the) investigating officer in the groin area."
When a mall security video emerged, it clearly showed an unprovoked,
extended and brutal beating. According to a city news release,
"evidence came to light that cast doubt over the original version of
events…This evidence was brought to the attention of the Crown attorney
and the charges…were subsequently withdrawn."
The video can be seen at: http://www.youtube.com/watch?v=uk7bs3FBcr4.
In addition to the false charges, Constable Nevill told witnesses that
Stern "was potentially on some sort of strong narcotic," while an
expert medical exam at Royal Victoria hospital found that Stern,
consistent with his own admission, had consumed only a number of light
beers. While transporting the injured and terrified Stern to hospital,
Nevill poked fun at the victim for the amount of blood that was on the
back of his cruiser.
$1 million civil suit
In November 2012, Ares Law, on Stern's behalf, launched a lawsuit in the
Ontario Superior Court of Justice, against Constable Nevill, the City
of Barrie, Barrie Police, the owners of the Bayfield Mall and its
security company, and the two security guards who participated in the
Seeking damages in excess of $1 million, the suit asserts that Stern
suffered significant stress, low mood, sleeplessness, irritability,
crying spells, and that he contemplated suicide. "The incident has been
terrorizing me," Stern said. "I have suffered now from daily anxiety
attacks, loss of appetite and sleep deprivation (while being) a model
citizen for my entire life."
"I was absolutely terrified…I was on the ground face down with my arms
behind my back getting punched or struck with something countless times
in the sides of my head and the back of my head…I was bleeding from my
head…he had beat me up."
The Royal Victoria Hospital's medical report says of Stern, that he
received stiches above the right eye, his face was covered in blood,
and there was a large laceration on his eyebrow, swollen ears and
swelling of his nose.
Ares Law has been Barrie's personal injury lawyer choice for over 10
SOURCE: Ares Law Professional Corporation
For further information:
For information, interviews with victim Jason Stern and lawyer Bernard Keating, additional visuals and copies of the statement of claim, please contact:
Ares Law Professional Corporation
705-792-0408, extension 103