Former Thunder Bay Mayor and Wife’s Lawsuit Against Police and Crown Partially Dismissed
THUNDER BAY – LEGAL NEWS – The Ontario Superior Court of Justice has issued a significant ruling in the lawsuit filed by former Thunder Bay Mayor Keith Hobbs and his wife, Marisa Hobbs, against multiple police services and government entities. The case, which stems from their 2017 arrest and subsequent acquittal on extortion charges, saw the court grant partial summary judgment in favour of some defendants while allowing key claims, including negligent investigation, to proceed to trial.
Background of the Case
Keith Hobbs, former mayor of Thunder Bay, and his wife Marisa were arrested on July 20, 2017, alongside another individual, M.V., and charged with extortion and obstruction of justice. The charges related to an agreement between M.V. and businessman Alexander (Sandy) Zaitzeff involving a property purchase in exchange for certain materials. After a lengthy legal process, Justice Dawson acquitted all three accused on February 20, 2020, citing reasonable doubt regarding the alleged extortion.
Following their acquittal, the Hobbses launched a $12.5 million lawsuit against 16 defendants, including the Ontario Provincial Police (OPP), Thunder Bay Police Service (TBPS), the RCMP, and individual officers, alleging wrongful arrest, negligent investigation, defamation, and human rights violations.
Court’s Ruling on Summary Judgment Motions
Justice Robert Centa reviewed motions from the Crown defendants (Ontario government and OPP officers) and Thunder Bay police defendants seeking to dismiss the lawsuit on the basis of limitations and reasonable and probable grounds.
Claims Dismissed:
- False Arrest & Charter Breaches (Sections 7 & 9): The court ruled that the two-year limitation period for these claims began on the date of arrest (July 20, 2017). Since the lawsuit was not filed until September 17, 2020, these claims were dismissed.
- Reasonable and Probable Grounds: The defendants argued that the arrests were justified, but the court found insufficient evidence proving that officers subjectively believed they had reasonable grounds, allowing this issue to proceed to trial.
Claims Proceeding to Trial:
- Negligent Investigation: The court determined that the limitation period for this claim began upon the plaintiffs’ acquittal in February 2020, making the lawsuit timely.
- Intentional Infliction of Mental Distress: Since this claim is tied to the negligent investigation, it will also proceed to trial.
- Defamation: The claim against Thunder Bay Police Detective Jason Anderson for allegedly making false statements about Ms. Hobbs will proceed.
- Discrimination & Human Rights Violations: Ms. Hobbs’ claims under Section 15 of the Charter and the Ontario Human Rights Code remain unresolved and will require a trial.
Implications for Thunder Bay and Law Enforcement
This ruling underscores ongoing concerns about police conduct and accountability in Northwestern Ontario. The trial will further examine allegations of investigative negligence, potential discrimination, and procedural flaws in the criminal justice process.
As this case progresses, it could set legal precedents regarding police investigations and liability in wrongful prosecution claims.
Next Steps
With the dismissal of some claims and the survival of key allegations, the case is set to move forward to trial. The defendants may still appeal the partial summary judgment rulings, potentially delaying proceedings.
For Thunder Bay residents, the case remains a high-profile legal battle involving public figures and law enforcement agencies, raising broader questions about justice and due process in the region.
