Statement of Claim PDF

 

 

Court File No./N° du dossier du greffe: CV-20-00029151-0000

Court File No. Electronically issued : 11-Aug-2020 Délivré par voie électronique Windsor

ONTARIO

SUPERIOR COURT OF JUSTICE

B E T W E E N: JANE DOE Plaintiff and CAMERON PAUL DOIG and SEAFORTH GOLF COURSE (1996) LTD. o/a SEAFORTH GOLF & COUNTRY CLUB Defendants

STATEMENT OF CLAIM

TO THE DEFENDANTS A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the plaintiff. The claim made against you is set out in the following pages. IF YOU WISH TO DEFEND THIS PROCEEDING, you or an Ontario lawyer acting for you must prepare a statement of defence in Form 18A prescribed by the  Rules of Civil Procedure, serve it on the plaintiff’s lawyer 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 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 are served outside Canada and the United States of America, the period is sixt sixty y days. Instead of serving 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 will entitle 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 IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU. IF YOU WISH TO DEFEND THIS PROCEEDING BUT ARE UNABLE TO PAY LEGAL FEES,

 

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Court File No./N° du dossier du greffe: CV-20-00029151-0000

-2LEGAL AID MAY BE AVAILABLE TO YOU BY CONTACTING A LOCAL LEGAL AID OFFICE. TAKE NOTICE: THIS ACTION WILL AUTOMATICALLY BE DISMISSED if it has not been set down for trial or terminated by any means within five years after the action was commenced unless otherwise ordered by the court.

Date

Issued by Local Registrar Address of court office:

245 Windsor Avenue Windsor ON N9A 1J2

TO:

CAMERON PAUL DOIG R.R. #1 – 80431 Roxboro Line Seaforth, ON N0K 1W0

AND TO:

SEAFORTH GOLF COURSE (1996) LTD. o/a SEAFORTH GOLF & COUNTRY CLUB 42990 Front Rd Seaforth, ON N0K 1W0

 

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Court File No./N° du dossier du greffe: CV-20-00029151-0000

-3-

CLAIM

(1)

The Plaint Plaintiff iff,, Jane Jane Doe, Doe, clai claims ms agai against nst the Defenda Defendants nts,, Camero Cameron n Paul Paul Doig Doig and Seafort Seaforth h

Golf Course (1996) LTD. (Seaforth):

(a (a))

gene genera rall d dam amag ages es in the the amo amoun untt o off $1 $1,0 ,000 00,0 ,000 00;;

(b)

specia special, l, aggr aggravat avated ed and and puni punitiv tivee damag damages es against against the Defenda Defendants nts in the the amou amount nt of of $500,000;

(c (c))

an Order Order for for the the seal sealing ing and and/o /orr non-p non-pub ubli lica cati tion on of the the Plai Plaint ntif iff’ f’ss nam name; e;

(d)

pre-ju pre-judgme dgment nt and and post post-ju -judgm dgment ent intere interest, st, compoun compounded ded,, pursu pursuant ant to the the prov provisi isions ons of the Courts of Justice Act , R.S.O. 1990, c. C-43, as amended;

(e)

costs costs of of this this acti action on on a subst substant antial ial indemni indemnity ty basi basis, s, plus plus all appl applica icable ble taxes; taxes; and and

(f (f))

such such fur furth ther er and and oth other er reli relief ef as as thi thiss Hono Honour urab able le Cour Courtt ma may y deem deem jus just. t.

Parties

(2)

The Plaint Plaintiff iff,, Jane Jane Doe, Doe, is a resi resident dent of Ontari Ontario. o. Jane was born born in in 1982 1982 and and is curren currently tly

thirty-eight years of age.

(3)

The Defenda Defendant, nt, Cameron Cameron Doig, Doig, is is a resi residen dentt of Huron Huron East East in Huro Huron n County County,, Ontar Ontario. io.

Cameron is currently sixty-one years of age. (4)

The Defe Defendan ndant, t, Seafo Seaforth rth,, is an an Ontar Ontario io corp corpora oratio tion n bearin bearing g On Ontar tario io Corpo Corporat ration ion Number Number

1170949, with its registered registered head office office in Seaforth, Ontario. Ontario. At all material material times, Seaforth Seaforth operated (and continues to operate) as the Seaforth Golf & Country Club, a family-run golf facility  boasting a “mature and challenging golf course” with a “rich tradition of hospitality and friendliness.”

 

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Court File No./N° du dossier du greffe: CV-20-00029151-0000

-4(5)

Unfort Unfortuna unately tely,, Jane Jane did not exper experien ience ce the the ho hospi spital tality ity and ffrie riendli ndlines nesss of smal smalll town town

Ontario promoted by Seaforth.

(6)

As set set out out herei herein, n, thro through ugh the the powe power, r, auth authori ority ty and and trust trust confer conferred red upon Cameron Cameron as a lead lead

golf instructor and supervisor, Cameron groomed and sexually abused Jane for over four years, when she was between thirteen and seventeen years of age.

(7)

The nightm nightmare are perpetr perpetrated ated by Came Cameron ron agains againstt Jane, Jane, which which iincl nclude uded d sexual sexually ly charged charged

comments and questions, unwanted touching and sexual fondling, including vaginal penetration with his fingers, fingers, has followed Jane from from adolescence into her adult y years. ears. She has suffered and will continue to suffer from the severe effects of Cameron’s abuse for the rest of her life.

Background

(8)

Jane first first met met Camer Cameron on in in or around around 1993 1993 when when she was was eleve eleven n years years old, when when her her fathe fatherr

took her to Seaforth to participate in a junior golf clinic that Cameron was coachin coaching. g.

(9)

The Doig Doig fami family ly was was well-kn well-known own and highly highly regarde regarded d withi within n the the golfi golfing ng ccommu ommunity nity..

(10)

Cameron’s Cameron’s father and uncle uncle starte started d Seaforth Seaforth in 1960 1960 and Cameron Cameron and his five siblings siblings all

helped to run the family business. Two of Cameron’s brothers caddied for golfers on the PGA Tour and one also enjoyed enjo yed great success in his own professional golfing career.

(11)) (11

Seafort Seaforth h was and and continu continues es to be be known known for host hosting ing a numbe numberr of Canadi Canadian an Tou Tourr and

 provincial events.

(12)) (12

Camero Cameron n was also also somewh somewhat at of a local local celeb celebrity rity with within in the golf golfing ing ccommu ommunit nity y in and and

around Seaforth. Although not a certified member of the Professional Golfers’ Golfers’ Association,

 

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Court File No./N° du dossier du greffe: CV-20-00029151-0000

-5Cameron coached a number of players who went on to achieve success in the professional golfing circuit and was well-connected to famous pro golfers and other industry professionals.

(13)) (13

At all mate materia riall times, times, Camer Cameron on was empl employed oyed by Seafo Seaforth rth as a super supervis visor or and lead lead golf golf

instructor. (14)

At all all material material times, times, Seaforth Seaforth was respons responsible ible for for the employment employment and supervis supervision ion of its

employees, including Cameron. Seaforth paid Cameron’s salary and other benefits benefits and had the right to terminate his employment at any time.

(15)

Cameron Cameron recognize recognized d Jane’s Jane’s talent talent for for the the sport sport early on. After the clinic, clinic, he suggested suggested that that

Jane play in the Ontario Junior Jun ior Golf Championship, making her Seaforth’s youngest co competitor mpetitor at a provincial level. It was at this this time that Cameron Cameron started paying special attention to Jane and  promoting her within the club as a rising star in the junior golf division.

(16)) (16

In or around around June June 1993, 1993, Jane Jane began began taking taking one-o one-on-on n-onee lesson lessonss with with Cameron Cameron on a weekly weekly

 basis.

(17)) (17

Jane was a tale talente nted, d, ambi ambitio tious us and passio passionat natee g golfe olfer. r.

(18)

From the time time she she was twelve years years old, old, she sacrificed sacrificed time with her friends friends in order order to

 play golf. golf. In addition to her weekly lessons lessons with Cameron, Jane spent hours upon hours at Seaforth Seaforth  practicing her swing and honing her craft. In the summertime, Jane would spend seven to eight hours a day at the club, five to six days a week.

 

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Court File No./N° du dossier du greffe: CV-20-00029151-0000

-6(19)) (19

Between Between 1993 1993 and 1995, 1995, Jane Jane was perm permitt itted ed to hit ball ballss at the Seafo Seaforth rth drivi driving ng ran range ge free free

of charge, in exchange for her assistance around the course, such as picking up balls at the range and, from time to time, working in the club restaurant.

(20)) (20

Camero Cameron n supervi supervised sed Jane Jane in respe respect ct of her her duties duties at at the club club at this this time time and and when when Jane

was officially employed by Seaforth to work in the golf shop and restaurant once she turned sixteen.

(21)) (21

Jane was was encour encourage aged d by Cameron Cameron’s ’s prais praisee and promis promises es that that he would would turn turn her into into

 professional golfer. She felt loved and accepted and enjoyed the admiration she received from Cameron when her golfing successes reflected well upon him in the media and within the club.

(22)) (22

Jane truste trusted d Camer Cameron on and and value valued d his his appro approval val.. In many many respec respects, ts, she viewed viewed him him as as a

father figure; Cameron was always Jane’s first call after competing in a tournament, before her own family.

(23)) (23

Jane felt felt prou proud d that Came Cameron ron was was her coach coach and to be be part part of the the Seaf Seafort orth h comm communi unity. ty.

Jane’s Nightmare

(24)) (24

Commenc Commencing ing in in 1995 and and over the the cours coursee of the follo followin wing g five five years, years, Camero Cameron n repeate repeatedly dly

sexually abused, assaulted and exploited Jane.

(25)) (25

In 1995, 1995, around around the time time that that Jane Jane turned turned thirte thirteen, en, Camero Cameron n began making making inapp inapprop ropri riate ate

and sexually charged comments to Jane, both during her lessons and when he saw her around the club, practicing at the range or working in the golf shop or restaurant. These comments included, amongst others:

 

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Court File No./N° du dossier du greffe: CV-20-00029151-0000

 

-7(a (a))

co comm mmen ents ts on the the dev devel elop opme ment nt of her her b bre reas asts ts;;

(b) (b)

comm commen ents ts on tthe he ways ways iin n whi which ch pub puber erty ty was chang changing ing her her body body;;

(c (c))

comm commen ents ts on h how ow bea beaut utif iful ul she she and and her her leg legss look looked ed in in her her shor shorts ts;;

(d)

statem statement entss that that just just lookin looking g at her made him “hard” “hard” and that that sh shee was was devel developi oping ng into a beautiful girl; and

(e (e)) (26)) (26

ques questi tion onss ab abou outt her her sexu sexual al ex expe peri rien ence ces. s.

Jane obser observed ved that that Camero Cameron n made simil similar ar commen comments ts to other other young young female female employ employees ees,,

volunteers and athletes at Seaforth, which normalized the behaviour in her mind.

(27)

In or or around around 1996, 1996, when when Jane Jane was thirteen thirteen years years old, Camero Cameron n began began abusing abusing his his authority authority

as Jane’s coach and supervisor, and her trust in him, to commit sexual abuse of a physical nature  – again, both during Jane’s lessons and when he would see her around the club, practicing at the range or working in the golf g olf shop or restaurant.

(28)) (28

(29)) (29

Common Common incide incidents nts of ssexua exuall abuse abuse perpet perpetrat rated ed by Camero Cameron n against against Jane Jane includ included: ed:

(a)

hugging her;

(b)

kissing her nec neck and cheek eek;

(c)

slapping her butt uttocks; and

(d)

while while practi practicing cing her swings swings during during her weekly weekly one-onone-on-one one lesson lessons, s, pushing pushing up against her from behind with his arms around her while aroused, such that Jane could feel Cameron’s erection on her back.

Jane also also obse observe rved d that Came Cameron ron woul would d hug, kiss kiss and and slap slap the butt buttock ockss of other other young young

female employees, volunteers and athletes at Seaforth in plain sight, which normalized the  behaviour in her mind.

 

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Court File No./N° du dossier du greffe: CV-20-00029151-0000

-8(30)

As Jane Jane got older, older, Cameron Cameron also asked her increasing increasingly ly sexual sexual questions, questions, including including

whether she and her boyfriend were having sex, whether she and her boyfriend were performing sexual acts on one another and to describe those experiences.

(31)

The abuse abuse described described in in paragraph paragraphss 25 to 30 persisted persisted on an ongoing ongoing basis basis from 1995 until until

Jane left Seaforth in 2000.

(32)) (32

Between Between the the ages ages of fourt fourteen een and and sixtee sixteen, n, Jane Jane had “play “playing” ing” lless essons ons duri during ng whi which ch

Cameron coached her while she played the course. It was typical for a pupil to play a nine-hole course during playing lessons.

(33)) (33

Jane’s Jane’s playi playing ng lesson lessons, s, however however,, never last lasted ed beyond beyond the the sixth sixth or sevent seventh h hole hole..

(34)) (34

When When Cameron Cameron and and Jane were were driv driving ing in the the golf golf cart cart during during these these playi playing ng lessons lessons,,

Cameron was always touching Jane. He would put his arm around around her shoulders or place his hand on her thigh, moving it higher and higher on her leg as the drive went on.

(35)) (35

On at leas leastt one occas occasion ion,, Cameron Cameron held held Jane’ Jane’ss hand and and placed placed it it on his geni genital tal aarea rea..

(36)

The cart path near the sixth or seventh seventh hole hole of the course course was secluded secluded.. It was surrounded surrounded

 by forest forest and was not visible to other players on the course or to anyone in or around the clubhouse. Whenever Cameron and Jane reached that part of the course during her playing lessons, Cameron stopped the cart. There, he touched Jane’s genital area and vaginally penetrated her with his fingers.

(37)) (37

When When he was was finish finished, ed, or or when Jane Jane unfr unfroze oze long long enoug enough h to push push his hands hands away, away, Camer Cameron on

drove them back to the clubhouse and her lesson would be over.

 

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Court File No./N° du dossier du greffe: CV-20-00029151-0000

-9(38)

The sexual sexual assaults assaults identified identified in paragra paragraphs phs 34 34 to 37 took place dozens of times times aand, nd, in in any

event, at least once a week for approximately a year and a half, until Jane was sixteen.

(39)

Jane attemp attempted ted to to avoid avoid playing playing lesson lessonss with with Cameron Cameron by requesting requesting to work work on her short short

game, which she could practice on the range near the clubhouse and in public view. view. She also invited her mother to come watch her lessons with Cameron and when she practiced at the range on the premise that she wanted her mother to ssee ee her progress. In reality, Jane hoped that if her mother was present, Cameron would not have the opportunity to abuse her.

(40)) (40

This This angere angered d Camero Cameron. n. He told told Jane’ Jane’ss mother mother that that Jane Jane was was too dist distrac racted ted when when she she was was

there watching and required her to stay in the clubhouse during Jane’s lessons, or otherwise  punished Jane by cutting her lessons short. (41)

Amidst Amidst tthe he abuse described described above, Cameron Cameron also made Jane feel special. special. He praised praised her

for her developing golf talent, took pride in her achievements and told her that she was excelling in her representation of Seaforth and was going to make them both famous.

(42)

In this way, Cameron Cameron paired paired his abusive abusive conduct conduct with positive positive reinfor reinforcement cement and preyed preyed

on Jane’s need and desire for his approval.

(43)

Cameron Cameron ffurther urther manipulated manipulated Jane by giving giving and withdrawing withdrawing his acceptance acceptance and and approval approval

in accordance with her willingness to submit to the abuse.

(44)) (44

When When Jane Jane submit submitted ted to the the abuse, abuse, Came Cameron ron showe showered red her her with with prais praisee and

acknowledgment for her golfing talents and achievements. When she resisted, he ig ignored nored her and instead paid attention to other young, female employees at Seaforth, making Jane jealous and

 

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Court File No./N° du dossier du greffe: CV-20-00029151-0000

-10causing her to fear that she was no longer special to Cameron, or his favourite, and that she was losing her connection to her future professional p rofessional golfing career.

(45)) (45

In additi addition on to the commen comments ts and touchi touching ng descri described bed above, above, Jane Jane experien experienced ced nu numer merous ous

other instances of sexual abuse by Cameron throughout her years at Seaforth. (46)) (46

On one one occas occasion, ion, in or or around around October October 1998, 1998, when Jane was about about fifte fifteen en year yearss old, old,

Cameron joined Jane in a small, closet-sized office where she was making signs for the golf shop, and closed the door. He sat on the stool directly directly beside her with his legs touching hers.

(47)) (47

Camero Cameron n asked asked Jane Jane if she she knew knew what what oral oral sex sex was, if if she had had ever ever experie experience nced d oral oral sex

and to describe any experiences with oral sex that she may have had. When Jane said that she did not have any knowledge of or experience with oral sex, Cameron described oral sex to her and offered to “teach” her, by performing oral sex on her and allowing her to “practice” on him.

(48)) (48

Camero Cameron n told told Jane that that he wante wanted d to know know what what she “tas “tasted” ted” like like and and offered offered to to show show her

his genitals so that she knew what they looked like.

(49)) (49

Camero Cameron n explain explained ed to Ja Jane ne that that he was was trying trying to to “teach” “teach” her, her, so that that she she could could become become

“experienced” and know how to pleasure her high school boyfriend. (50)) (50

Jane fel feltt disg disgust usted ed and afraid afraid.. She refuse refused d Camer Cameron’ on’ss advan advances ces..

(51)) (51

On anothe anotherr occasio occasion, n, when when Jane was was sixte sixteen en and a pa paid id Seafor Seaforth th employ employee, ee, Camer Cameron on told told

Jane that she could shower and change in the co-ed locker room available for Seaforth staff after she had golfed all day and was due to start a work shift that evening. Cameron came into the

 

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Court File No./N° du dossier du greffe: CV-20-00029151-0000

-11shower room while Jane was in the shower, pulled open the curtain and watched her until she closed the curtain.

(52)) (52

On a third third occasi occasion, on, in in or around around July July 2000 2000,, Jane aske asked d Cameron Cameron if if she could could recei receive ve the the

same raise which she noticed had been given to a number of the other female employees at Seaforth, but not to her. Cameron pulled her close to to him, kissed her neck and asked Jane if she she deserved it.

(53)) (53

Shortly Shortly therea thereafte fter, r, Jane Jane quit quit train training ing and her her job job at Seafo Seaforth rth..

(5 (54) 4)

She She has has no nott si sinc ncee retu return rned ed..

(55)) (55

Throug Throughout hout the the period period of time time that that the sexual sexual abuse abuse descr described ibed herei herein n was occurr occurring ing,,

Cameron used his position of power, authority and trust to ensure that Jane did not disclose the abuse she was experiencing to anyone.

(56)

In partic particular, ular, Cameron Cameron repeatedly repeatedly told Jane that, given his status, status, reputati reputation on and and influenc influencee

at Seaforth and within the broader golfing community, commun ity, no one would believe h her er if she told anyone about what he was doing to her. Cameron also repeatedly commented on and rreminded eminded Jane of his influence over golfing scholarships and career opportunities. (57)) (57

Jane beli believe eved d that that the futur futuree of her golf golfing ing caree careerr depende depended d on Cameron Cameron and and she fear feared ed

that if she told anyone about the abuse she was enduring, Cameron would use the power of his connections and influence to shut her out of the professional golfing world.

 

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Court File No./N° du dossier du greffe: CV-20-00029151-0000

-12Cameron’s Arrest and Subsequent Allegations

(58)) (58

On or around around 19 May May 2020, 2020, Cameron Cameron was was arres arrested ted by the the Huron Huron County County Ontar Ontario io Provin Provincia ciall

Police (OPP) following an investigation by the Crime Unit into Jane’s allegations of o f sexual assault against Cameron. (59)

Cameron Cameron was was formally formally charged charged with with eight eight counts of sex-related sex-related offences, offences, including including two

counts of sexual assault, two counts of sexual interference, two counts of invitation to sexual touching, one count of sexual exploitation and one count of voyeurism.

(60)) (60

Camero Cameron’s n’s arrest arrest generat generated ed sign signifi ifican cantt media media attent attention. ion. The Huro Huron n OPP encour encouraged aged

anyone with information that could be helpful to investigators to contact the police.

(61)) (61

On or around around 14 14 July 2020, 2020, Cameron Cameron was was charge charged d with inde indecen centt assaul assaultt on a fem female ale in

connection with an alleged incident involving another victim in Seaforth, Ontario in the 1970s.

Causes of Action  Assault and Battery

(62)) (62

Camero Cameron n iiss lliab iable le to Jane for assaul assaultt and and batt battery ery..

(63)

As set out herein, herein, Cameron Cameron repeatedly repeatedly and intentionally intentionally sexually sexually abused Jane. Such abuse

consisted of sexually abusive comments and touching, including fondling and vaginal penetration with his fingers, resulting from intentional and direct physical contact.

 

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Court File No./N° du dossier du greffe: CV-20-00029151-0000

-13Vicarious Liability

(64)

Seaforth Seaforth is vicariously vicariously liable for the the sexual sexual assault assault and battery battery perpetrated perpetrated by Cameron Cameron

against Jane.

(65)) (65

(66)) (66

The rela relatio tionsh nship ip betwe between en Seafor Seaforth th and and Camero Cameron n was clos closee and dire direct: ct:

(a)

at all materi material al time times, s, Cameron Cameron was employ employed ed by Seafort Seaforth h aand nd was, was, acted acted as as and and was was reasonably perceived to be an agent of Seaforth; and

(b)

Seafor Seaforth th was starte started d by Camero Cameron’s n’s father father and uncle uncle and and was, was, at at all all mater material ial times, times, owned and operated by the Doig family.

Camero Cameron n was affor afforded ded the the opportu opportunity nity to abuse abuse his power power and autho authorit rity y over aand nd to

sexually abuse Jane by virtue of his status as a supervisor and lead golf instructor. instructor. Amongst other things:

(a (a))

unsu unsupe perv rvis ised ed,, one-o one-onn-one one gol golff lesso lessons ns was was commo commonp npla lace ce at at Seafo Seafort rth; h;

(b)

certai certain n areas areas of of the the Seafor Seaforth th faci facility lity lent lent th thems emselve elvess to the abuse abuse descr describe ibed d her herein ein,, including the hidden cart path behind the sixth and seventh holes on the course, which was not visible to other players on the course or to anyone in or around the clubhouse, and the co-ed locker and shower room;

(c (c))

as her her supe superv rvis isor or and and golf golf coa coach ch,, Camer Cameron on was was in dire direct ct con contac tactt with with Ja Jane ne;;

(d)

all of Came Cameron ron’s ’s oppo opportu rtunit nities ies to sexu sexually ally abuse abuse Jane Jane arose arose as as a result result of h his is role role as Jane’s supervisor and golf coach;

(e (e))

th thee sexua sexuall abus abusee perpet perpetra rate ted d by Came Camero ron n again against st Jane Jane took took pla place ce when when Came Camero ron n was acting within the scope of his employment as a supervisor and golf coach and while Jane was training at Seaforth, participating in Seaforth activities and volunteering/working at Seaforth; and

(f (f))

by vir virtue tue of his his rol rolee and in infl flue uenc ncee with within in S Sea eafo fort rth h and and the the broa broader der go golf lfin ing g community, Cameron was conferred with power over aspiring professional athletes training at Seaforth and participating in Seaforth activities, including Jane.

 

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-14(67)

The sexual sexual abuse perpetrated perpetrated by Cameron Cameron against against Jane Jane was was direct directly ly related related to the the intimacy intimacy

inherent in his role as a supervisor and lead golf instructor. Amongst other things:

(68)

(a)

golf golf instr instruct uctors ors at Seaf Seafort orth h stood stood in a role-m role-model odel and mentor mentorshi ship p relat relation ionshi ship p visvisà-vis their pupils;

(b)

golf golf instr instruct uctors ors at Seaf Seafort orth h had had influ influenc encee over over and and are are intim intimate ately ly invol involved ved in the the development of their pupils’ skills, industry connections, playing opportunities and career advancement opportunities;

(c)

Seafor Seaforth th encour encourage aged d close close relati relations onships hips betwee between n its its ccoac oaches hes and pupils pupils in part part  because it benefitted from the media attention garnered from the success of its  pupils, which it attributed to the calibre and strength of its coaches; and

(d)

thi thiss psycho psycholog logical ical int intima imacy, cy, includi including ng the the trust trust that that pupils pupils pla placed ced in their their coaches coaches to ensure they were receiving the best training, and the reliance of pupils on their coaches for their golfing success, increased Cameron’s opportunities to sexually abuse Jane and encouraged her submission to the abuse.

Seaforth Seaforth conferred conferred significant significant power on Cameron relative relative to Jane. Amongst Amongst other things: things:

(a)

Seafor Seaforth th prom promote oted d an and d encour encourage aged d its its coache coachess to to stand stand in a positi position on of of rresp espect ect;;

(b)

Camero Cameron n had had the the power power to dict dictate ate the freque frequency ncy and nature nature of the lesson lessonss Jane Jane was taking with him;

(c (c))

on many many occas occasion ions, s, Cam Camer eron on carr carried ied out out his his dut dutie iess as Jan Jane’ e’ss golf golf coa coach ch in in unsupervised, secluded areas, such as the cart path behind the sixth and seventh hole on the course, which was not visible to other o ther players on the course or to anyone

(d)

(69)) (69

in and around the clubhouse; and Seafor Seaforth th coach coaches, es, especia especially lly those those with within in the the D Doig oig fami family, ly, wer weree placed placed on pedes pedestal talss and promoted as highly regarded golf professionals and experts with significant influence over the development of the skills, industry connections, playing opportunities and career advancement opportunities of aspiring athletes training at Seaforth.

Jane was was except exceptiona ionally lly vulne vulnerab rable le to the wrongf wrongful ul exercis exercisee of Cameron Cameron’s ’s power power and

authority in his capacity as a golf coach and supervisor. Amongst other things:

 

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Court File No./N° du dossier du greffe: CV-20-00029151-0000

-15(a)

at all all materi material al time times, s, Jane Jane was was a minor minor and and Came Cameron ron was an adult adult nearly nearly double double her her age;

(b)

Jane Jane resp respect ected ed Cameron Cameron and truste trusted d him him to to have have her best best inte interes rests ts at heart; heart;

(c)

Jane Jane was was alone alone with with Came Cameron ron during during their their uns unsupe upervi rvised sed one-onone-on-one one lesson lessonss and and also when she was at the club practicing and volunteering/working in the golf shop and restaurant (Jane’s parents dropped her off at the club in the morning and picked her up in the evening);

(70)

(d)

Jane Jane belie believed ved that that the the futur futuree of of her her golf golfing ing car career eer depended depended on her her being being able able to impress Cameron and earn his acceptance and admiration and she feared that if she resisted his abuse too strongly or disclosed what was happening to her, he would use the power of his influence and connections to derail her professional golfing  prospects and opportunities; and

(e)

Camero Cameron n was was aware aware of of his his influe influence nce over Jane’s Jane’s future future golfin golfing g ccare areer er and threatened to use his influence and connections to impair her educational and career opportunities if she resisted his advances or disclosed the abuse to anyone.

There is a strong connection connection between between Cameron’s Cameron’s roles at Seafort Seaforth h as a supervisor supervisor and lead lead

golf instructor and the abuse perpetrated by b y Cameron against Jane.

(71)

Accordingly, Accordingly, Seaforth Seaforth is is vicari vicariously ously liable for Cameron’s Cameron’s assault assault and battery battery on Jane. Jane.

 Negligence

(7 (72) 2)

Seaf Seafor orth th owed owed JJan anee a dut duty y of of car care. e.

(73)

In particul particular, ar, Seafort Seaforth h owes a duty of care care to all individu individuals, als, especially especially minors, minors, who who train train

at Seaforth, participate in Seaforth activities and who volunteer and/or work at Seaforth, including Jane, to provide a safe environment, free from violence, harassment or abuse of any kind at the hands of Seaforth employees.

 

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Court File No./N° du dossier du greffe: CV-20-00029151-0000

-16(74)

Cameron Cameron was was employe employed d by Seaforth. Seaforth. At all materia materiall times, times, Seaforth Seaforth had had a duty to contro control, l,

direct and supervise Cameron when he was acting in the scope of his employment and to intervene interven e and discipline him for inappropriate and/or illegal conduct.

(75)

Seaforth Seaforth accepted accepted control over Jane during her training, training, participati participation on in activities activities and when when

she volunteered/worked at Seaforth.

(76)) (76

Seafort Seaforth h knew or or ought ought to have have known known that that Camer Cameron on was was sexual sexually ly ab abusi using ng Jane. Jane.

(77)

In particu particular, lar, Seaforth Seaforth was aware aware that Cameron Cameron frequently frequently spent time alone with underage underage

 pupils, including Jane, who admired and respected him and relied upon him to develop and advance their golfing careers, in his capacity cap acity as a supervisor and lead golf instructor.

(78)

Further, Further, Cameron Cameron sexually sexually harassed harassed and abused young female female athletes athletes and employee employeess at at

Seaforth, including Jane – by making inappropriate and sexually charged comments, as well as hugging them, kissing their cheeks and necks and slapping their buttocks – in plain sight of other Seaforth staff and clientele in the clubhouse, golf shop, restaurant, driving range and on the course.

(79)

Accordingly, Accordingly, Seaforth Seaforth knew that Cameron Cameron was was assault assaulting ing underage underage women women while carrying carrying

out his employment duties at Seaforth and it was reasonably foreseeable that there was a risk of harm to Jane.

(80)

The reasonable reasonable standard standard of of care care expecte expected d in the circumstan circumstances ces required required Seafort Seaforth, h, amongs amongstt

other things, to:

(a)

instit institute ute and follow follow appropr appropriat iatee stan standar dards ds of of conduc conduct, t, poli policie ciess and and proced procedure uress to to adequately, properly and effectively train Cameron with respect to appropriate golf coaching methods and workplace violence and harassment protocols;

 

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Court File No./N° du dossier du greffe: CV-20-00029151-0000

-17-

(81)) (81

(b)

instit institute ute and follow follow appropr appropriat iatee stand standard ardss of conduct conduct,, po polic licies ies and procedur procedures es to adequately, properly and effectively supervise Cameron when he was acting within the scope of his employment and to ensure that all areas of the Seaforth facility, including the golf course, driving range, golf shop, restaurant and staff rooms were supervised, visible and/or monitored with security cameras;

(c)

instit institute ute and follow follow appropr appropriat iatee stand standard ardss of conduct conduct,, po polic licies ies and procedur procedures es to use reasonable care to ensure the safety, well-being and protection of all individuals, especially children, training at Seaforth, participating in Seaforth activities and volunteering and/or working at Seaforth, including Jane, such as (i) installing security cameras in the clubhouse, training areas and staff rooms, (ii) ensuring that no part of the golf course is secluded enough so as to be invisible to other players on the course or to people at the clubhouse; and (iii) implementing oversight over one-on-one lessons, amongst other things;

(d)

instit institute ute and follow follow appropr appropriat iatee stand standard ardss of conduct conduct,, po polic licies ies and procedur procedures es to  provide all individuals, especially children, participating in Se Seaforth aforth activities and volunteering and/or working at Seaforth, including Jane, with a program and system through which abuse of any kind could be identified and reported;

(e)

ensure ensure that the standar standards ds of conduct conduct,, p poli olicie ciess and and proced procedures ures referr referred ed tto o in in subparagraphs (a) through (d), above, were available, communicated and properly understood throughout Seaforth; and

(f (f))

re repo port rt Camer Cameron on’s ’s ina inappr pprop opri riat atee and sexua sexuall lly y abu abusi sive ve behav behavio iour ur towa toward rd young young female employees, volunteers and athletes at Seaforth to law enforcement authorities.

Seafort Seaforth h breached breached the the standa standard rd of care care in that, that, among amongst st other other thing things, s, it faile failed d to:

(a)

instit institute ute and follow follow appropr appropriat iatee stan standar dards ds of of conduc conduct, t, poli policie ciess and and proced procedure uress to to adequately, properly and effectively train Cameron with respect to appropriate golf coaching methods and workplace violence and harassment protocols;

(b)

instit institute ute and follow follow appropr appropriat iatee stand standard ardss of conduct conduct,, po polic licies ies and procedur procedures es to adequately, properly and effectively supervise Cameron when acting within the scope of his employment;

(c)

instit institute ute and follow follow appropr appropriat iatee stand standard ardss of conduct conduct,, po polic licies ies and procedur procedures es to use reasonable care to ensure the safety, well-being and protection of all individuals, especially children, training at Seaforth, participating in Seaforth activities and volunteering and/or working at Seaforth, Sea forth, including Jane;

(d)

instit institute ute and follow follow appropr appropriat iatee stand standard ardss of conduct conduct,, po polic licies ies and procedur procedures es to  provide all individuals, especially children, participating in Se Seaforth aforth activities and

 

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Court File No./N° du dossier du greffe: CV-20-00029151-0000

-18volunteering and/or working at Seaforth, including Jane, with a program and system through which abuse of any kind could be identified and reported; \

(82)) (82

(e)

ensure ensure that the standar standards ds of conduct conduct,, p poli olicie ciess and and proced procedures ures referr referred ed tto o in in subparagraphs (a) through (d), above, were available, communicated and properly understood throughout Seaforth; and

(f)

report report Camero Cameron’s n’s wr wrongf ongful ul and illega illegall ccond onduct uct to law enforc enforcemen ementt offi officia cials. ls.

Seafort Seaforth h knew or ough oughtt to have know known n that, that, as a conseque consequence nce of the the failur failures es des descri cribed bed

herein, Jane would suffer immediate and long-lasting harm.

(83)) (83

Such hard hard was was not not too remo remote te as it it was a dire direct ct conse consequen quence ce of Camer Cameron’ on’ss conduct conduct and and

Seaforth’s failures.

 Breach of Fiduciary Duty

(84)) (84

By virtu virtuee of the rela relatio tionsh nship ip betwe between en Camer Cameron on – as a coach, coach, super supervis visor or and adul adultt – and

Jane – as a pupil, aspiring athlete, employee and minor – being one of trust, reliance and dependence, Cameron owed Jane a fiduciary obligation to (i) ensure her safety; (ii) protect her; and (iii) not sexually abuse her, when she trained, participated in activities and volunteered/worked at Seaforth, or at all.

(85)) (85

The sexual sexual abuse abuse perp perpetr etrate ated d by Cameron Cameron again against st Ja Jane ne occurr occurred ed in the the context context of their their

“coach-pupil”, “mentor-mentee” relationship and constituted a breach of his fiduciary duty to her.

(86)

As set set out out herein, herein, Jane suffered suffered damages as a direct result result of the sexual sexual abuse perpetrated perpetrated

against her by Cameron, which constituted, amongst other things, a breach of his fiduciary duty to her.

 

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Court File No./N° du dossier du greffe: CV-20-00029151-0000

-19(87)

Seaforth Seaforth also also owed owed Jane Jane – as as a minor in its its care care and control control when when she she trained, trained, participate participated d

in activities and volunteered/worked at Seaforth – a fiduciary duty to act in her best interests and to protect her from any abuse, including sexual abuse, or otherwise.

(88)

Seaforth Seaforth breached breached its fiduciary fiduciary duty duty to Jane Jane by failing failing tto o meet meet its obligations obligations set out in in

 paragraph 80 and by:

(a)

fai failin ling g to to supe supervi rvise se Cameron Cameron proper properly ly when carryi carrying ng o out ut the duties duties of his employment;

(b)

turnin turning g a blind blind eye eye to inap inappro propri priate ate,, haras harassin sing g and and sexual sexually ly abusiv abusivee behav behaviou iourr committed by Cameron toward young female employees, volunteers and athletes at Seaforth and failing to consider whether anyone, an yone, including Jane, was at risk;

(c)

fai failin ling g to ensure ensure Jane’s Jane’s heal health th and and safe safety ty w whil hilee she traine trained d at Seafor Seaforth, th, partic participa ipated ted in Seaforth activities and volunteered/worked at Seaforth; and

(d)

(89)

puttin putting g its its own own inter interest estss ahead ahead of Jane’s Jane’s by ignori ignoring, ng, remain remaining ing w wilf ilfully ully blind blind an and d  permitting Cameron’s conduct, to the extent it was known as set out herein, in order to avoid trouble, scrutiny and unwanted, negative publicity.

The damages damages that Jane suffere suffered d as a result result of Cameron’s Cameron’s abuse were caused or contrib contributed uted

to by Seaforth’s breach of its fiduciary obligations to her.

Damages

(90)) (90

Jane stat states es that that Cameron Cameron’s ’s abuse abuse of her her caused caused her to devel develop op cer certai tain n psycholo psychologic gical al

mechanisms in order to survive the trauma of sexual abuse. These mechanisms include denial, repression, disassociation and guilt.

(91)

Jane states states that the denial denial,, repressi repression, on, disass disassociatio ociation n and self-blame self-blame associated associated with the

sexual abuse she endured prevented her from disclosing Cameron’s abuse to anyone until June

 

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Court File No./N° du dossier du greffe: CV-20-00029151-0000

-202017, when she disclosed first to her husband during an emotional breakdown and, shortly thereafter, to her therapist.

(92)

Jane has has suffer suffered ed and continues continues to to suffer suffer from severe and long-la long-lasting sting consequences consequences of the the

sexual abuse perpetrated against her by b y Cameron including, amongst others:

(93)

(a)

anxiety;

(b)

depression;

(c)

severe severe trust trust issues issues,, parti particul cularl arly y with with men and individ individual ualss ((esp especi ecially ally men) men) in in  positions of authority;

(d)

troubl troublee deve develop loping, ing, mainta maintaini ining ng and engagi engaging ng in intima intimate te relati relations onships hips;;

(e (e))

diff diffic icul ulty ty co conn nnec ecti ting ng with with part partne ners rs;;

(f (f))

dif difficul iculty ty sleep leepin ing g and and flas lashb hbac acks ks;;

(g)

inappr inappropr opriat iatee coping coping behavio behaviours urs and a propen propensit sity y to to engag engagee in reckle reckless ss aand nd care careles lesss  behaviour;

(h (h))

sham shame, e, gu guil iltt aand nd fee feeli ling ngss of of wor worth thle less ssne ness ss;;

(i)

impair impairmen mentt of of her mental mental health health and well-b well-being eing,, neces necessit sitati ating ng ongoing ongoing counsel counsellin ling g and therapy;

(j (j))

lo loss ss of inco income me and and mea meani ning ngfu full care career er oppo opport rtun unit itie ies; s;

(k)

loss oss of enjoym oyment of life;

(l (l))

co comp mple lete te loss loss of pass passio ion n for for an and d int inter eres estt in in gol golf; f; an and d

(m)

such such furt further her and other other damages damages as may be advi advised sed prior prior to trial. trial.

Jane took took medicat medication ion to to treat treat major major depressive depressive disorder disorder and and anxiety anxiety for approximately approximately ten

years. She currently takes a different different anti-anxiety medication, which she has been on since early 2020, as well as sleep-aid medication (both prescription and over-the-counter), which she has used on a consistent basis for approximately eight years.

 

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-21(94)

Jane states states that her propens propensity ity to engage engage in reckless reckless b behavio ehaviour ur caused caused by the the impact impact of of the the

sexual abuse on her has resulted in the loss of employment emp loyment opportunities and an inability to realize her full career potential.

(95)) (95

Jane has has suffe suffered red and and will cont continu inuee to suffer suffer menta mentall and emoti emotional onal pain pain and and a loss loss of

enjoyment of life as a result of the abuse described herein.

(96)) (96

Camero Cameron n robbed robbed Jane of a norm normal al adole adolesce scence. nce. Jane states states that she will will req requir uiree ong ongoing oing

and consistent therapy to help her h er deal with the fallout from his conduct.

(97)) (97

Jane furt further her state statess that that Camero Cameron n and Seafo Seaforth rth knew knew or or ought ought to have have known known that that,, as a

consequence of their wrongful conduct described herein, Jane would suffer significant mental, emotional and psychological harm which would adversely impact her life including, amongst amon gst other things, her mental health and well-being, intimate and family relationships, career opportunities and aspirations and sense of self.

Punitive Damages

(98)) (98

The conduc conductt of both Camero Cameron n and Seafort Seaforth h warrant warrantss the cond condemn emnati ation on of this this Honoura Honourable ble

Court. (99)) (99

As set set out herei herein, n, Camero Cameron n and Seafo Seaforth rth condu conducte cted d themsel themselves ves in in a way that that was high high--

handed, outrageous, reckless, wanton, entirely without care, deliberate, disgraceful, wilful and in callous disregard for Jane’s rights, interests, safety and well-being.

(100) Cameron’s Cameron’s conduct conduct was all all the more more egregious egregious because because he perceive perceived d Jane – when when she was was a minor – as a sexual object to be taken advantage of and exploited for his own benefit, regardless of the consequences to her health and safety.

 

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Court File No./N° du dossier du greffe: CV-20-00029151-0000

-22(101) Cameron Cameron engaged in in similarly similarly abusive abusive behaviour behaviour with with other women and girls girls at Seafort Seaforth. h. Seaforth knew or ought to have known of Cameron’s exploitative conduct with Jane and others and did nothing to prevent it.

(102) Accordingly, Accordingly, Cameron Cameron and Seafor Seaforth th are liable liable to pay aggravate aggravated, d, exemplary exemplary and punitive punitive damages.

(103) (10 3) Jane pleads pleads and relies relies upon the Negligence Act , R.S.O. 1990, c.N.1, as amended and all regulations thereunder.

(104) Jane proposes proposes that this this action action be tried tried in Windsor, Windsor, Ontario Ontario..

11 August 2020

STROSBERG SASSO SUTTS LLP Lawyers 1561 Ouellette Avenue Windsor, Ontario N8X 1K5 Jay Strosberg (LSO# 12134I) Nicole Marcus (LSO# 64142V) Tel: 519.561.6285 Fax: 866.316.5308

Lawyers for the Plaintiff

 

 

Electronically issued / Délivré par voie électronique : 11-Aug-2020

JANE DOE

-andPlaintiff

Court File No./N°du dossier du greffe: CV-20-00029151-0000

CAMERON PAUL DOIG, et al. Defendants Court File No. ONTARIO

SUPERIOR COURT OF JUSTICE

PROCEEDING COMMENCED AT WINDSOR

STATEMENT OF CLAIM

STROSBERG SASSO SUTTS LLP Lawyers 1561 Ouellette Avenue Windsor, Ontario N8X 1K5 Jay Strosberg (LSO #12134I) Nicole Marcus (LSO #64142V) Tel: 519.561.6285 Fax: 866.316.5308

Lawyers for the Plaintiff