12/@1/2014 15:05 647351108 (CMEGAPROCESSSERVERS PAGE 92/12 ee ONTAAI ‘SUPERIOR COURT OF JUSTICE WALTER CALLAGHAN Plaintiff -and- HUSSAIN MASOOM, NICKIE VAN LIER, SOALEHA SHAMS, SUSANNE WALDORF, KAVITA SIEWRATTAN and UNIVERSITY OF TORONTO GRADUATE STUDENTS’ UNION Defendants STATEMENT OF CLAIM TO THE DEFENDANTS A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the plaintif. ‘The claim made against you is set out in the following pages. IF YOU WISH TO DEFEND THIS PROCEEDING, you or an Onterio lawyer acting for you must prepare a statement of defence in Form 18A prescribed by the Rules of Civil Procedure, serve it'on the plaintif’s lawyor or, where the plaintiff does not have a lawyer, serve it on the plaintiff, and file it, with proof of service in this court office, WITHIN TWENTY DAYS after this statement of claim is served on you, if you are served in Ontario. If you are served in another province or territory of Canada or in the United States of America, the period for serving and filing your statement of defence is forty days. If you ate served outside Canada and the United States of America, the period is sixty days.12/e1/2014 15:05 547351108, (OMEGAPROCESSSERVERS PAGE 93/12 2 Instead of sorving and filing a statement of defence, you may serve and file a notice of intent to defend in Form 18B prescribed by the Rules of Civil Procedure. This wil entitie you to ten more days within which to serve and file your statement of defence. IF YOU FAIL TO ;DEFEND THIS PROCEEDING, JUDGMENT MAY BE GIVEN AGAINST YOU IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU. IF YOU WISH TO DEFEND THIS PROCEEDING BUT ARE UNABLE TO PAY LEGAL FEES, LEGAI. AID MAY BE AVAILABLE TO YOU BY CONTACTING A LOCAL LEGAL. AID OFFICE. H IF YOU PAY THE PLAINTIFF'S CLAIM, and $5,000 for costs, within the time for serving and filing your statement of defence you may move to have this proceeding dismissed by the court. If you belleve the amount claimed for costs is excessive, you may pay the Plaintif's claim and $400 for costs and have the costs assessed by the court. oe Deei.d QW WK 0 LOCAL REGI RS. Chergiacs, egistrar ADDRESS OF COURT: 393 University Avenue 10” Floor Toronto, Ontario, M5G 1E6 TO: HUSSAIN MASQOM NICKIE VAN LIER SOALEHA SHAMS ‘SUSANNE WALDORF KAVITA SIEWRATTAN c/o UNIVERSITY OF TORONTO. GRADUATE STUDENTS’ UNION 16 Bancroft Avenue Toronto, ON , MSS 1C112/01/2014 18:05 647351108 (OMEGAPROCESSSERVERS PAGE 04/12 3 CLAIM THE PLAINTIFF CLAIMS against the defendants: Ny 9 4. @ direction that the defendants will make a charitable donation in the amount of $25,000 to an organization devoted to advocacy and support for soldiers and miltary veterans suffering from posttraumatic stress disorder; b. a declaration that the dofendants’ failure to develop and implement adequate mental health policies is a breach of the Human Rights Code R.S.0.'1990, CHAPTER H.19; ¢. damages inthe amount of $25,000 for breach ofthe Human Rights Code; d. damages in the amount of $25,000 for constructive dismissal and intentional and/or negligent infliction of mental distress; @. aggravated, punitive and/or moral damages in the amount of $60,000; 1. interest in accordance with the Courts of Justice Act, R. $. 0. 1990, Chap. C.43; 9%. costs in this action on a substantial indemnity basis together with HST; and h. such further and other relief as counsel may advise and this Court may deem just. The plaintiff, Watter Callaghan, is 39 years old and resides in Toronto, Ontario. He is a Canadian Armed Forces ("CAP") veteran having served as a Commissioned Officer in the Canadian Forces Health ‘Services from March 2001 to August 2010. Mr. Callaghan was medically released from service on August 16, 2010, has been on long-term disability since then, and started receiving a Permanent Impairment Allowance from Veterans Affairs in 2013. Mr. Callaghan suffers from posttraumatic stress disorder (‘PTSD").12/en/2014 15:e5 S473511¢8 (CNEGAPROCESSSERVERS. PAGE 08/12 4 Mr. Callaghan is currently a graduate student in Anthropology at the University of Toronto, He is a member of the University of Toronto Graduate Students? Union ("UTGSUN), and served as an elected member if its Executive Committee from May 1, 2014 to October 28, 2014, The defendants, Hussain Masoom, Nickie van Lier, Soaleha Shams, Susanne Waldorf, and Kavita Slewrattan are members of the UTGSU Executive Committee; The defendant, UTGSU, is a not-for-profit Ontario corporation that represents the occupational and educational interests of over 15,000 graduate students at the University of Toronto. Mr, Callaghan’s Election to UTGSU Executive Committee ‘On May 1, 2014, Mr. Callaghan took office as a Member of the UTGSU. Executive Committee, following a general membership election. The personal defendants joined the Executive Committee on the same date. Members of the Executive Committee are charged with the responsibility of implementing the decisions of UTGSU General Council, and providing stewardship to the UT@SU. ‘On May 12, 2014, the Executive Committee hosted an ‘Orientation Day”. At the event, Mr. Callaghan shared his struggle with PTSD. He explained that the condition can be debilitating, with an unexpected onset of symptoms, which Could affect his attendance at Executive Committee meetings. He shared these private details in the expectation that ihe UTGSU, and the Executive Committee in particular, would understand and accommodate his mental health issues,12/01/2814 15:85 647351108 (ONMEGAPROCESSSERVERS PAGE 96/12 5 The Defendants’ Hostility to the Plaintiff's Mental Health Concerns a On May 21, 2014, the Executive Committee conducted a “Planning & Visioning Day’, At the event, the Executive Committee determined which Priorities it will pursue as a body. Mr. Callaghan and Leah Bender (another member of the Executive Committes) asked for mental health issues to be a top priority.; One of the defendants, Hussain Masoom, challenged the suggestion. The defendants, Nickie van Lier and Soaleha Shams, joined with Mr. Masoom. At their insistence, mental health issues were specifically downgraded from a “top” priority to a secondary priority, On June 9, 2014, at a Canadian Federation of Students (“CFS”) General Meeting, Mr. Callaghan spoke against a proposed CFS policy amendment that, in his view, could have the effect of ‘Supporting involuntary institutionalization and criminalization of Persons with mentat health issues. He Was told repeatedly by the defendants, Mr, Masoom and Ms, van Lier, that he should support the amendment. They commented that he was overreacting because of his “personal Issues”. ‘On June 12, 2014, Mr. Callaghan provided an update to the Executive ‘Committee about the CFS General Meeting, and explained why he had spoken against the CFS policy amendment. Mr. Masoom and Ms. van Lier again suggested that Mr. Callaghan was overreacting for personal reasons. At the samé meeting, Mr. Callaghan briefed the Executive Committee on the ‘ongoing litigation between the UTGSU and the CFS, in his capacity as chair of the UTGSU tigation committee. The majority of the personal defendants aro vocal CFS supporters and wanted to end the litigation. Mr. Callaghan12/01/2014 15. 15:25 647351108 (OMEGAPROGESSSERVERS PAGE 97/12 6 explained why that could not be decided without a directive from UTGSU. Council. The defendants did not accept Mr. Callaghan's views and suggested he was an obstacle to ending the litigation On June 18, 2014, the UTGSU held a General Council Meeting. At the meeting, the defendants commented that Mr. Callaghan was acting unprofessionally, that his judgment was clouded by personal interests, and that he was misleading the Council and the Executive in relation to the ‘ongoing Iitigation between the UTGSU and the CFS. Despite these unfounded and discriminatory attacks, the Council voted to rotain Mr. Callaghan as chair of the litigation committee. On July 15, 2014, the Executive Committee and UTGSU staff underwent a training workshop on “Creating a Socially Supportive Workplace”: The workshop focused on awareness of mental health issues and creating a workplace that would be accommodating and supportive for individuals with mental health issues. Mr. Callaghan questioned some of the aspects of the training, based on his personal experience with mental health issues. His comments were met by several of the defendants with dismissive body language and audible sighs. At an Executive Committee meeting held in or around late July or early August 2014, Ms. Shams once again attacked Mr. Callaghan over CFS-related issues. She specifically accused Mr. Callaghan of being too unstable to perform his duties and'suggested he should increase his medication. On August'13, 2014, Mr. Callaghan was summoned by the defendants to appear before the UT@SU Human Resources Subcommittee. At the meeting, the defendants accused Mr. Callaghan of being aggressive to staff, but12/01/2814 15:85 647361108 (ONEGAPROCESSSERVERS PAGE 98/12 1 refused to provide any specific details of their concerns, Mr. Callaghan ‘acknowledged that, due to his condition, he will occasionally display an intensity that can be misunderstood as aggression, and that he was actively working on this with his psychotherapist. This was not the first time he had explained this to the Defendants. 19. Mr, Callaghan asked for more information about the allegations, so he could better understand the concerns and work to improve. He was given none. 20. On August 14, 2014, at an Executive Committee meeting, Ms. Shams commented that it was “unprofessional” for Mr. Callaghan to bring his personal issues to work, This was a reference to his mental health issues. The Defendants Pursue a Secret Complaint Process against the Plaintiff 21. The defendants, or some combination of them, privately encouraged a group of UTGSU staff to file a grievance against Mr. Callaghan. They pursued this strategy in secret, and with the intention of removing Mr. Callaghan as a Political obstacle, The defendants conducted the grievance process without any regard for procedural or substantive fairness, as follows: a. The defendants never shared the particulars of the grievance with Mr. Callaghan; b. The defendants never interviewed Mr. Callaghan, or otherwise gave him ‘an opportunity to respond to the allegations; ¢. The defendants gave no consideration to Mr. Callaghan's mental heaith issues, and ignored the information they had that mental health may have playad a role in the allegations;i2vei/2e14 15:85 647351108 (OMEGGAPROCESSSERVERS PAGE 9/12 i | 8 ' d. The defendants resolved the grievance without Mr, Callaghan's involvement, yet the settlement prohibits Mr. Callaghan from: |. speaking about any issues related to any UTGSU staff, even in Private conversation; fi, communicating, in any manner, with any UTGSU staff; or lll, attending at the UTSGU office. 22, The Executive Committee had absolutely no authority to cary on this secret process or to impose the grossly overreaching prohibitions in the settlement, The defendants were aware of this, yet proceeded anyway. 23. On November 15, 2014, the Executive Committee was forced to acknowledge it had “no authority’ to make the decision, but stil insisted that Mr. Callaghan abide by its secret settlement decision. ‘The Plaintiff Resigns atter Experiencing Severe Mental Distress 24. ‘The defendants’ abusive, discriminatory conduct caused Mr. Callaghan severe mental distress. He experienced a relapse and has been forced to augment his medical treatment. 26, On doctor's ‘advice, and with much regret, Mr. Callaghan resigned from the Executive Committee on October 28, 2014, Liability and Damages 26. The plaintif ploads that the defendants’ conduct violated the Human Rights Code. in particular, the defendants’ vexatious comments and conduct, andaz/ens/2e14 27. 18:05 647351108 OMEGAPROCESSSERVERS PAGE 10/12 9 reprisals, constituted discrimination and harassment, in respect of employment, membership in a vocational association, and with respect to the receipt of sérvices. Having been forced to resign, the plaintiff also pleads that he is entitled to damages for constructive dismissal in an amount equivalent to the balance of compensation he would have received during his term as an Executive Committee member. Given the constructive dismissal, unfair allegations and complaint process, and bad faith attempt to impose ludicrous restrictions on Mr. Callaghan without authority, the plaintif is entitled to aggravated damages, punitive damages, and damages for the defendant's breach of its duty of good faith and fair dealings in the manner of dismissal, In light of the specialized training they had received, It was reasonably foreseeable to the defendants that their conduct might inflict actionable mental distress on the plaintiff. The defendants owed a duty of care to the plaintiff, Having breached that duty of care, whether intentionally or negligently, they are liable to'the plaintiff for causing or contributing to his mental distress. The plaintiff.pleads that the defendants’ conduct has, in fact, caused or materially contributed to mental distress, in the form of severe anxiety and anguish, and that he has suffered damages accordingly. The plaintiff proposes that this action be tried at Toronto, Ontario. December 1, 2014. Turnpenney Milne LLP 2 Borkeley Street, Suite 601 Toronto, ON MBA 4J5 Danny Kastner (540190)12/01/2014 15:85 647351108 (OMEGAPROCESESERVERS: Pace 11/12 (416) 868-1457 (phone) (647) 260-0939 (fax) danny@tmilp.ca Lawyers for the plaintiffPAGE 12/12 (OMEGAPROCESSSERVERS 647361108 12/ei/2e14 15:05 WALTER CALLAGHAN Plaintiff -and- HUSSAIN MASOOM, NICKIE VAN LIER, ‘SOALEHA SHAMS, SUSANNE WALDORF, KAVITA SIEWRATTAN and UNIVERSITY OF ‘TORONTO GRADUATE STUDENTS’ UNION Defendants court Fie No.\|— \Evs S| HG ONTARIO ‘SUPERIOR COURT OF JUSTICE Proceeding commenced at TORONTO STATEMENT OF CLAIM TURNPENNEY MILNE LLP 2 Berkeley Street, Suite 501 Toronto, Ontario MBA 4J5 Danny Kastner (540190) Tel: 416.868.1457 Fax: 647.260.0939 danny @tmillp.ca Lawyers for the plaintiff