Court File No. (/-/4- 00213 452 -0w ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN: (Court Seal) CHRISTOPHER CARTER Plaintiff and NIAGARA REGION Defendant STATEMENT OF CLAIM TO THE DEFENDANT 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 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 sixty 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 YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU. IF YOU WISH TO DEFEND THIS PROCEEDING BUT ARE UNABLE TO PAY LEGAL FEES, LEGAL AID MAY BE AVAILABLE TO YOU BY CONTACTING A LOCAL LEGAL AID OFFICE,CLAIM ‘The Plaintiff, CHRISTOPHER CARTER, claims: @ (b) © @ © oO @) @ o A declaration that his employment was wrongfully terminated on or about December 17, 2018; Damages for breach of contract and wrongful dismissal in the amount of $450,000.00; Moral damages for bad faith conduct in the manner of dismissal in the amount of $150,000.00; Moral damages for bad faith conduct post-dismissal in the amount of $150,000.00; Punitive, aggravated and/or exemplary damages in the amount of $100,000.00; Damages for intentional infliction of mental suffering in the amount of $25,000.00 Special damages for expenses incurred while secking alternative employment, including without limitation, relocation costs and/or job search expenses in an amount which will be provided at trial; prejudgment interest in accordance with section 128 of the Courts of Justice Act, RS.O. 1990, c. C.43, as amended; postjudgment interest in accordance with section 129 of the Courts of Justice Act, RS.O. 1990, ¢. C.43, as amended the costs of this proceeding, plus all applicable taxes; and(k) Such further and other relief as to this Honourable Court may seem just and proper. THE PARTIES ‘The Plaintiff, Christopher Carter (“Carter”), is an individual residing in the Town of Smithville, in the Regional Municipality of Niagara. The Defendant, Niagara Region (“Region” or “Defendant”), is a municipal corporation incorporated pursuant to the laws of Ontario, having its head offices at 1815 Sir Isaac Brock Way, in the City of Thorold and the Regional Municipality of Niagara, ‘The Region was at all material times the employer of Carter and was bound by the terms of the employment agreement dated May 2, 2017 and amendment to the employment agreement dated November 2, 2017, both of which are the subject of this litigation. BACKGROUND TO THE EMPLOYMENT RELATIONSHIP 5, ‘The Plaintiff, Carter, commenced employment with the Region on or about May 24, 2017. Prior to the commencement of his employment with the Region, the Plaintiff held various senior leadership positions in the broader public sector, including: (a) The Corporation of the Town of Richmond, Manager of Facilities and Community ‘Development (1999-2001); (b) ‘The Corporation of the Township of Oro-Medonte, Director of Recreation and Community Services and Economic Development (2001-2006);