CORNWALL, Ontario – In a media release sent on July 20, Diane Shay stated that she would appeal a court decision that struck down her lawsuit against the City of Cornwall.
Shay was seeking $350, 000 in punitive damages and $75, 000 in special damages, plus legal costs from the City. The lawsuit stems from harassment she experienced after blowing the whistle on a case of elder abuse at Glen Stor Dun Lodge in 2008.
Justice Rick Leroy struck down Shay’s lawsuit as he felt her plea stretched too far and covered events that were too old for the court to consider.
Justice Leroy rejected all elements of Shay’s case that occurred before 2012.
In her media release, Shay claims that the judge’s decision did not serve justice, but rather exposed a loophole in the Canadian legal system.
“Through this horrendous experience I have learned that the judicial system is fundamentally flawed, if you can afford an army of law firms/lawyers like a City you will find a loop hole,” she said. “It seems to have very little to do with justice.”
The City is now seeking to recuperate some of the cost of its lawyers from Shay.
According to Shay, at its meeting on June 27, the City moved to file a motion of cost against her to the amount of $15, 000.
In another court case in October 2011, the City of Cornwall pleaded guilty to retaliating against Shay for whistleblowing. In that case it was the City that was ordered to payout $15, 000.
Shay will ask the Ontario Court of Appeal to re-instate her motion against the City in its entirety.
“This case has always been about the moral, ethical and legal protection of Seniors from abuse and Whistleblowers from retaliation,” Shay said. “The current legislation has little to no impact on employers since there are no meaningful consequences for this behavior.”
In its motion of claim against her, the City states that $15, 000 is a fair amount as it is less than half of the total legal costs for the proceedings which amount to $44, 521.15.
