Court File No.

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ONTARIO V ywvutsrponmlkihgfedcbaUTSRPONMLJIHGF
SUPERIOR COURT OF JUSTICE

IN THE MATTER of the Libel and Slander Act, R.S.O., 1990, c. L.12

BETWEEN:

(Court Seal)
ROSHAN NALLARATNAM

Plaintiff
- and -

o < .y,\
cc THE ONTARIO NEW DEMOCRATIC PARTY,
ANDREA HORWATH, LANKATHAS PATHMANATHAN,
THE TORONTO POLICE SERVICES BOARD and JOHN DOE
a.k.a. ANN AND AN M AH ALIN GAM a.k.a ALAN MORICA
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 Plaintiffs 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,

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LEGAL 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 Superior CoiCourt of Justice

court office: 393 University Avenue
10th Floor
Toronto ON M5G 1E6

TO: The Ontario New Democratic Party

2069 Lakeshore Blvd West, Suite 201
Toronto, Ontario M8V 3Z4

AND TO: Andrea Horwath

Queen's Park Room 115
Main Legislative Building
Queen's Park
Toronto, Ontario M7A 1A5

AND TO: Lankathas Pathmanathan

50 Sky Harbour Drive
Unit 304
Brampton, Ontario L6Y 6B8

AND TO: Toronto Police Services Board

40 College Street
Toronto, Ontario M5G 2J3

AND TO: John Doe a.k.a Annandan Mahalingham a.k.a. Alan Morica

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CLAIM zyxwvutsrqponmlkjihgfedcbaZYWVUTSRQPONMLKJIHGF

1. The plaintiff, Roshan Nallaratnam ("Nallaratnam"), claims:

(a) As against the defendants Toronto Police Services Board:

(i) Damages in the amount of $500,000 for misfeasance and negligent

investigation;

(ii) Punitive damages in the amount of $100,000;

(b) As against the defendant John Doe a.k.a Annandan Mahalingham a.k.a. Alan Morica:

(i) Damages in the amount of $500,000 for deceit, fraud and forgery;

(ii) Punitive damages in the amount of $250,000;

(c) As against each of the defendants:

(i) Damages in the amount of $1,000,000 for defamation and malicious

falsehood;

(ii) Punitive damages in the amount of $100,000;

. (iii) Costs of this action on a substantial indemnity basis; and

(iv) Such other and further relief as to this Honourable Court may seem just.

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Parties to the Claim zyxwvutsrqponmlkjihgfedcbaZYWVUTSRQPONMLKJIHGFEDCBA

2. Nallaratnam is an individual residing in the Town of Ajax, Regional Municipality of Durham,

in the Province of Ontario. He is currently a Senior Policy Advisor to the Hon. Lisa MacLeod,

Minister of Children, Community and Social Services for the Province of Ontario.

3. Nallaratnam formerly served as a police officer, for nearly a decade, with the defendant

Toronto Police Services Board ("TPS"). He was born in Sri Lanka, raised in India, and immigrated

to Canada in 2005.

4. In the 42nd general election in the Province of Ontario held on June 7, 2018 (the

"Election"), Nallaratnam represented the Ontario PC Party (the "PC Party") as a candidate in the

electoral district of Scarborough-Guildwood ("Scarborough-Guildwood").

5. In early May 2018, Nallaratnam sought and received leave from his duties as a police officer

from the defendant, TPS, to focus on the Election.

6. The defendant, the Ontario New Democratic Party (the "NDP"), is a registered political

party which currently forms the Official Opposition in Ontario.

7. The defendant, Andrea Horwath ("Horwath"), is an individual who resides in the City of

Hamilton. Horwath is a Member of the Provincial Parliament ("MPP") of Ontario, representing the

electoral district of Hamilton Centre. She is also Leader of the Official Opposition in Ontario in her

capacity as Leader of the NDP.

8. Lankathas Pathmanathan ("Pathmanathan") is an individual residing in the City of

Brampton. Pathmanathan posts pictures, articles, comments, stories and opinions on various topics,

including politics, on his Facebook page which is accessible at

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https://www.facebook.com/lankathas.Dathmanathan ("Pathmanathan's Facebook Page").

Pathmanathan is a known supporter of the Ontario Liberal Party and Liberal Party of Canada and, in

particular, of Liberal Member of Parliament Gary Aanandasangaree.

9. John Doe, also known as Annandam Mahalingam also known as Alan Morica ("Doe"), is the

user of the email address "alanmorica@yahoo.ca". As further described below, Doe created a

fraudulent email account "r.nallaratnam@gmail.com", then forged an email from this account which

purported to be from the plaintiff. Annandam Mahalingam and Alan Morica are both aliases used by

Doe.

10. The TPS is the entity responsible for providing police services in the municipality of the City of

Toronto pursuant to the Section 31 of the PolicexwvutsronmlihedcbaVTSRPONLICAServicesAct,RSO1990, c P.15.

Publication of libellous and defamatory statements by the NDP, Horwath, Pathmanathan, and
Doe

11. On the morning on June 4, 2018 - just three days before the Election - the NDP and Horwath

sent the following statement (the "NDP Publication") to various news media including the Toronto

Star, Toronto Sun and Globe & Mail:

"Alleged threats by Ford's star candidate in Scarborough

In response to concerns from a voter about why he was avoiding

debates, Doug Ford's star candidate in Scarborough-Guildwood,
Roshan Nallaratnam, called the Tamil community member a f**ker
and threatened to "teach the lesson" following the election campaign.

Nallaratnam's comments were made in a threatening email sent to 96

people - many from the Tamil community.

The ominous threat is even more chilling given that Nallaratnam is a

Toronto Police Officer.

Will Doug Ford denounce this unacceptable behaviour from his candidate,
and demand Nallaratnam apologize for his abusive language and threat?

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Media Contact: Rebecca Elming, 647-459-8313

**NOTE: email attached"

12. Attached to the NDP Publication was an email allegedly sent by "Roshan Nallaratnam

[mailto:r.nallaratnam@gmail.com]" date-stamped May 30,2018 at 9:35 pm which stated, "Fucker

don't do nasty campaign against me. I will teach the lesson after election" (the "Email").

13. As described below, the Email was not written or sent by Nallaratnam.

14. Although the NDP Publication stated that this "threatening email" had been "sent to 96

people" the "To" and Cc" lines were redacted in the attached Email, such that no recipient email

addresses could be seen.

15. Also attached to the NDP Publication was another email (the "Original Email"), date

stamped May 30, 2018 at 21:12 GMT-4:00, which supposedly preceded the (threatening) Email.

16. The Original Email was written in Tamil, but translates to English as follows:

"The one who participates in the election should be able to participate

in debates or at least able to answer the questions for the members
living in the riding. We have to search this person if he gets elected as
he runs away from public.

This is not just for Roshan Nallaratnam, many PC Candidates are

running away from the debates. These PC Candidates are hoping to
win the election through PC wave and not with their merit.

Irony is some individuals are supporting these candidates. Forget

about the Political lines, but as a Tamil community how can we send
these candidates to Queen's Park to represent our Tamil community.
We can't set bad standards as a community.

Please don'tthink this is a propaganda for Liberal party. This is apart

from party politics. Feel sorry for the people living in the riding.

And the video is attached to this email."

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17. Following circulation of the NDP Publication, Horwath, speaking at a campaign rally in

Sarnia, said the allegation a police officer sent the email is "disturbing" and is "yet another example

of a candidate of Mr. Ford's whose behaviour...is questionable."

18. As a result of widespread coverage of the Election, the NDP's and Horwath's defamatory

words and imputations were accessible to all persons in the world with access to the Internet. Articles

related to the non-police defendants' defamatory words were in fact accessed and read by a large

number of people in Scarborough-Guildwood, and throughout Ontario and Canada.

19. The Email and Original Email were also widely disseminated on Facebook. Pathmanathan is

the first person known to have posted these documents on his Facebook page, having done so on May

30, 2018 at 6:43 p.m..

Libellous and Slanderous Conduct by the NDP, Horwath, Doe, and Pathmanathan (the non-
police defendants)

20. The NDP Publication is inaccurate, untrue, and defamatory of Nallaratnam in its nature and

ordinary meaning.

21. Nallaratnam did not write or send the Email.

22. Nallaratnam's email address is not, and has never been, "r.nallaratnam@gmail.com".

23. He has no knowledge of, and has never had access to, the email address

"r.nallaratnam@gmail.com".

24. On June 4, 2018, Nallaratnam released a statement indicating that he "did not send" the Email

and that the Email is "a fabrication from an account that does not belong to me."

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25. The email address "r.nallaratnam@gmail.com" was in fact created by Doe, acting jointly or in

concert with, or on behalf of, Pathmanathan, the NDP, or Horwath, or some combination thereof.

Forgery revealed

26. Candice Malcolm ("Malcolm"), a journalist, author, and columnist for the Toronto Sun,

tweeted the following images on June 6,2018 at 11:22 a.m., which Malcolm stated were received

from "a source":

(a) an unredacted image of the Email and a portion of the Original Email, disclosing

"Annandan Mahalingam" as the sender of the Original Email from the email account

"alanmorica@yahoo.ca"; and

(b) an image captured from the "Account Recovery" page for the account

"r.nallaratnam@gmail.com", disclosing that "ala*******@ya***.**" is the "recovery

email address" for the "r.nallaratnam@gmail.com" account.

27. In other words, the email account (alanmorica@yahoo.ca) used for the Original Email was xwvutsronmlihe

the exact same email account (alanmorica@yahoo.ca) behind the creation of the phoney

r.nallaratnam@gmail.com account.

28. The Email was a forgery authored by Doe (hiding behind the alias "Alan Morica"). The

creation of the phoney email address and the forged Email were part of a malicious smear campaign

against Nallarathnam - aimed at hurting his Election prospects.

29. The non-police defendants' objective in forging the Email, publishing it, re-publishing it, and

using it as an Election prop, was to falsely and maliciously portray Nallaratnam as rude,

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aggressive, boorish and unfit to hold public office. In brief, the Email was the centrepiece of a
politically-motivated "hit-job" on the plaintiff.

30. It was both intended by and foreseeable to the non-police defendants that the NDP

Publication and the accompanying emails would receive widespread public attention and readership.

31. It was foreseeable to the non-police defendants that publication and re-publication of the

Email would cause Nallaratnam significant and permanent damage to his personal reputation and

would severely impact his prospect of being elected in Scarborough-Guildwood.

32. The attack on the plaintiff was not legitimate criticism of a political opponent made in the

public interest. To the contrary, the non-police defendants' trumpeting of the Email - circulated

without even a modicum of due diligence - was a hateful and malicious attempt to inflict harm under

the guise of free debate.

33. The non-police defendants knew or ought to have known, prior to disseminating the Original

Email and Email (and prior to the NDP Publication) that the underlying documents were forgeries.

Further, or in the alternative, the defendants knew by June 6,2018 at the latest, by virtue of the

Malcolm tweet, and other coverage, that the Original Email and Email were a ruse to damage the

plaintiffs campaign. Despite this, and despite Nallaratnam's denial, the defendants have still not

corrected their false and defamatory words.

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TPS defames Nallaratnam zyxwvutsrqponmlkjihgfedcbaZYWVUTSRQPONMLKJIHGFEDCBA

34. The NDP Publication was of interest to local, provincial, and national media. Accordingly,

reporters, including Jamie Mauracher ("Mauracher") of Global News Toronto, sought comment

from the TPS regarding the NDP Defamation, shortly after the NDP Publication was released.

35. Mark Pugash ("Pugash"), the TPS's Director of Corporate Communications, who is responsible

for the TPS's internal and external communications, provided the TPS's official statement to reporters

regarding the NDP Publication. Pugash confirmed to reporters, including Mauracher, that Nallaratnam

wasxwvutsronmlihedcbaVTSRPONLICAthesubjectof"professional standards investigation" arising from alleged

threats during the campaign including those contained in the NDP Publication (the

"TPS Defamation").

36. Contrary to the TPS's purported confirmation of a professional standards investigation, the

TPS has not commenced, conducted, or concluded a professional standards investigation into

Nallaratnam's'conduct regarding the Email or any related events.

37. As at the time of Nallaratnam's resignation as a Toronto police officer on June 8, 2018,

Nallaratnam was not the subject of a professional standards investigation.

38. It was foreseeable to and understood by the TPS that the TPS Defamation would receive

widespread public attention. In fact, the TPS Defamation was broadly reported and re-published by

media outlets including Global News, CBC News, and the National Post.

39. Furthermore, it was foreseeable by the TPS that the TPS Defamation would cause

Nallaratnam significant and permanent damage to his personal reputation and would severely impact

his prospect of being elected in Scarborough-Guildwood.

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40. Despite the foregoing, the TPS has refused or otherwise failed to resolve the TPS Defamation

by a public statement that Nallaratnam was not the subject of a professional standards investigation.

Damages

41. The malicious smear campaign described above was carried out by the non-police defendants

with the intention of causing harm and injury to Nallaratnam. Nallaratnam has suffered severe injury

and damage as a result of their actions.

42. Further, the conduct of the TPS has further caused, and contributed to, harm and injury

suffered by Nallaratnam.

43. Nallaratnam's marketability and competitiveness in the workplace have been diminished and

in the future he may suffer losses of income and/or advancement and other opportunities that would

normally be available to him had the smear campaign not occurred.

44. As a result of the defendants' conduct, Nallaratnam has suffered and will suffer harm to his

business interests Particulars of the harm sustained by Nallaratnam include loss of past income, loss

of future revenue, lost profit, loss of market share and loss of goodwill.

45. As a consequence of the NDP Publication and TPS Defamation, Nallaratnam lost the Election

in Scarborough-Guildwood by only 74 votes (0.20%). He received 11,898 votes, finishing second to

the Ontario Liberal Party candidate, Mitzie Hunter, who received 11,972 votes.

46. The defendants have acted in a deliberate, malicious, high-handed, arrogant and callous

manner. The defendants' actions constitute a wanton and reckless disregard for Nallaratnam's rights

for which he is entitled to an award of punitive damages.

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ROSHAN NALLARATNAM and THE ONTARIO
NEW DEMOCRATIC PARTY et al.
Plaintiff Defendants
(_\j A \
Court File No.
</

ONTARIO
1)

SUPERIOR COURT OF JUSTICE

PROCEEDI
NG
COMMEN
CED AT
TORONTO

STAT
EME
NT
OF
CLAI
M

Cassels
Brock &
Blackwell
LLP
2100
Scotia
Plaza
40 King
Street West
Toronto,
ON M5H
3C2

Ted
Frankel
LSO #:
49784Q
Tel:

416.642.74
69
Fax:
416.642.71
42
tfrankel@casse
lsbrock.com

Christophe
r Selby
LSO #:
65702T
Tel:

416.860.67
37
Fax:

416.642.71
27
cselby@cassels
brock.com

Lawyers
for the
Plaintiff
LEGAL*46419485.1