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Stanley Cup Rioters can Expect to Face Civil Suits from Businesses who Suffered Damage


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#1 Wetcoaster

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Posted 19 February 2013 - 11:49 PM

Like Todd Bertuzzi has learned, court proceedings do not end with a criminal conviction and sentence. Now businesses which suffered damage during the Stanley Cup riot are looking to sue the rioters and recoup some of their losses. And once there is a civil judgment it can continue indefinitely as long as it is renewed.


Trouble may not be over for rioters who finished serving time for crimes committed during the Stanley Cup riot, after at least one business confirmed it was preparing a lawsuit against them in small claims court.


And even rioters who were never charged may be asked to pay for a share of the estimated $4 million in damages and losses wracked up by businesses and individuals during the five hours of rioting throughout downtown Vancouver on June 15, 2011.


London Drugs, which suffered $350,000 in damages and $400,000 in looted goods, is planning to sue eight rioters and possibly more in small claims court, said CEO Wynne Powell.


“We’re going to pursue the individuals who did extensive damage and took expensive merchandise,” he said.


“Currently, I’ve got a list of eight people, but there were over 350 people in the store that night,” he said.


“We’ve got some very strong video of rioters smashing the store and leaving with goods. The list [of defendants] will grow.


“We may win, we may lose, but we want them to come to answer in court for their actions,” he said. “It’s not about the money. The main thing is we want to put out a message that you can’t take a community hostage.”


Powell said he’s going ahead with the suit, despite having had the losses reimbursed through an insurance claim because “it’s just a point of principle. You have to face the consequences of terrorizing our staff.”


Any money won in court would be paid back to its insurance company.


Powell said one person so far has voluntarily paid the company $500 for a camera he stole that night and he wouldn’t be sued.


“Obviously if anybody wants to make restitution, we would take that into account,” he said.


He said expressions of remorse during criminal sentencing won’t necessarily let looters off the hook.


“Let me put it this way: You just stole a $2,000 camera and you keep the camera; how sorry are you?”


Meanwhile, financial restitution orders through the courts have been rare for the more than three dozen rioters sentenced so far.


Two rioters, Alexander Peepre and Timothy Kwong, who both offered to pay restitution to the owner of a GMC truck that was one of the first to be torched, were ordered to pay him $2,000, but they were the exceptions. (Owner Roy Hermanus of Executive Fire and Safety wasn’t available for comment.)


About one-third were ordered to pay a standard $100 “victim surcharge levy,” and more than half were fined nothing, either because the defence asked for his client to be exempt because payment would be an “undue hardship” or the levy wasn’t mentioned during sentencing.


The surcharge, used to fund provincial victim services and not as direct restitution, can be raised at the judge’s discretion, which was done in a handful of cases, from $250 to $1,500, according to court documents.


“In the whole scheme of things, the victim surcharge is a joke, it’s peanuts, compared to what the victims suffered,” said criminology professor Darryl Plecas.


He said the lack of restitution in the courts forces victims to incur large costs in time and money to sue in civil courts.


But he said the odds are good for London Drugs and other businesses to successfully sue rioters, especially if they were convicted in court.


He said if rioters don’t pay, taxpayers will, and he said the city of Vancouver and ICBC should also sue rioters for damages.


There’s normally a two-year limit for filing civil suits in B.C. courts.

http://www.theprovin...l#ixzz2LQ4U2rFB
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#2 Kass9

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Posted 19 February 2013 - 11:50 PM

Good!

They destroyed my beautiful city!

Edited by Kass9, 19 February 2013 - 11:52 PM.

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#3 DonLever

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Posted 19 February 2013 - 11:59 PM

Suing them is no good if they say they have no money. It is like suing a homless guy who steals a camera from a store. The lawyer fees would cost more the item.
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#4 MrsCanuck

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Posted 20 February 2013 - 12:05 AM

Hopefully they get something out of it.
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#5 allkill326

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Posted 20 February 2013 - 12:09 AM

BC isn't the best place on earth in the eyes of the rioters now, is it? :lol:
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#6 rampage

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Posted 20 February 2013 - 12:12 AM

Good, some of them got off too easy.

Edited by rampage, 20 February 2013 - 12:22 AM.

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#7 Wetcoaster

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Posted 20 February 2013 - 12:31 AM

Suing them is no good if they say they have no money. It is like suing a homless guy who steals a camera from a store. The lawyer fees would cost more the item.

You keep the judgments enforceable until they have assets.
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#8 Watermelons

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Posted 20 February 2013 - 12:47 AM

Suing them is no good if they say they have no money. It is like suing a homless guy who steals a camera from a store. The lawyer fees would cost more the item.


"Sometimes it's not about the money...It's about sending a message"
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#9 pwnstar

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Posted 20 February 2013 - 12:50 AM

Break a window they said.....it'd be fun they said.
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#10 n00bxQb

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Posted 20 February 2013 - 12:51 AM

Good, maybe next time we're in the Stanley Cup Finals, we can have a party without having a bunch of morons trying to ruin it for everyone else.
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#11 Common sense

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Posted 20 February 2013 - 12:57 AM

Suing them is no good if they say they have no money. It is like suing a homless guy who steals a camera from a store. The lawyer fees would cost more the item.


Very few, if any of the rioters that night, were homeless. They were mostly drunken idiots ranging from 18-35 who decided to have a good time at the expense of a city's reputation and a store owner's wallet.
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#12 Common sense

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Posted 20 February 2013 - 01:00 AM

Good, maybe next time we're in the Stanley Cup Finals, we can have a party without having a bunch of morons trying to ruin it for everyone else.


We're 2 for 2 in riots-Finals appearances. I doubt anyone at City Hall would allow another downtown gathering to take place again and potentially make it 3 for 3.

Of course, this administration has done some pretty questionable stuff.
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#13 Primus099

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Posted 20 February 2013 - 01:30 AM

good, they should be banned from the city. idiots
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#14 pwnstar

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Posted 20 February 2013 - 01:49 AM

good, they should be banned from the city. idiots

Or banned from sporting events
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#15 n00bxQb

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Posted 20 February 2013 - 02:44 AM

We're 2 for 2 in riots-Finals appearances. I doubt anyone at City Hall would allow another downtown gathering to take place again and potentially make it 3 for 3.

Of course, this administration has done some pretty questionable stuff.

2 for 3 ... 1982, 1994, and 2011
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#16 Offensive Threat

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Posted 20 February 2013 - 08:08 AM

We're 2 for 2 in riots-Finals appearances. I doubt anyone at City Hall would allow another downtown gathering to take place again and potentially make it 3 for 3.


The whole point of charging, convicting and now civil action is to ensure that we CAN have downtown gatherings without a riot.
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#17 nobbiep

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Posted 20 February 2013 - 09:44 AM

London Drugs is still in business????
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#18 morrissex95

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Posted 20 February 2013 - 09:51 AM

good, they should be banned from the city. idiots


BANISH THEM!!!
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#19 nux4lyfe

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Posted 20 February 2013 - 10:21 AM

....or break their windows, flip their cars and steal their belonging and see how the like it.
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#20 The Brahma Bull

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Posted 20 February 2013 - 10:28 AM

Whatever happened to that girl and her M5?
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#21 lowest common denominator

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Posted 20 February 2013 - 10:28 AM

What a ???? joke. How much time, money and resources has gone into the investigation, hearings etc etcc. Canadian justice system is a ???? JOKE!!!! Theey were having riots in London at the same time, those d bags were in jail in a matter of DAYS. Really, wtf goes on in Canada???? IT is disturbing. Years go by.......what a ???? JOKE

How many cops are "hunting dowwn the perpetrators still? WHAT A ???? JOKE!!! The Canaddian justice system is softer the CANUCKS!!!
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#22 Captain Bob

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Posted 20 February 2013 - 10:31 AM

Good, maybe next time we're in the Stanley Cup Finals, we can have a party without having a bunch of morons trying to ruin it for everyone else.


They've already ruined it for everyone. Good luck getting the city to allow a party zone like last time.
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#23 Wetcoaster

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Posted 20 February 2013 - 11:56 AM

What a ???? joke. How much time, money and resources has gone into the investigation, hearings etc etcc. Canadian justice system is a ???? JOKE!!!! Theey were having riots in London at the same time, those d bags were in jail in a matter of DAYS. Really, wtf goes on in Canada???? IT is disturbing. Years go by.......what a ???? JOKE

How many cops are "hunting dowwn the perpetrators still? WHAT A ???? JOKE!!! The Canaddian justice system is softer the CANUCKS!!!

This is the civil justice system where aggrieved can seek restitution - something that is not happening in the criminal justice system. The two systems exist side by side. Think Steve Moore's suit against Bertuzzi and the Canucks.
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To err is human - but to really screw up you need a computer.

Always listen to experts. They'll tell you what can't be done and why. Then do it.

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Never try to teach a pig to sing - it wastes your time and annoys the pig.




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