You should be aware of all kinds of activities . . .. .Action No.: 0903 00288

Action No.:


IN THE COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL DISTRICT OF EDMONTON

BETWEEN:

TIM COLLINS

Plaintiff

- and -

MELANIE OMENIHO and METIS OPPORTUNITY INC
and METIS REGIONAL COUNCIL ZONE IV OF THE
METIS NATION OF ALBERTA ASSOCIATION

Defendants

STATEMENT OF CLAIM

1. The Plaintiff, TIM COLLINS (the "PLAINTIFF") resides at or near the City of Edmonton, in

the Province of Alberta. The Plaintiff was at all material times the elected Vice-President of

the Defendant METIS REGIONAL COUNCIL ZONE IV OF THE METIS NATION OF

ALBERTA ASSOCIATION ("REGION IV").

2. The Defendant, MELANIE OMENIHO ("OMENIHO"), is and was at all material times a

staff member of the Defendant METIS OPPORTUNITY INC ("OPPORTUNITY").

3. The Defendant OPPORTUNITY is a body corporate duly registered pursuant to the laws

of Alberta and carrying on business in the Province of Alberta.

4. The Defendant OPPORTUNITY is a subsidiary company of the Defendant REGION IV,

which is a body corporate duly registered and carrying on business in the Province of

Alberta.

5. The Defendant OMENIHO is and was at all material times the email service provider of

the Aboriginal E-Notice (the "E-Notice").

6. On or about March 11,2008, OMENIHO disseminated an E-Notice email to over 2,000 people

in the Metis and Aboriginal Community containing the following unsolicited defamatory words:

"Special Announcement - I regret that I have to infoffi1 you about an

incident of email identity theft. I became aware that last week an old

email address book for the aboriginal e-notice was stolen and accessed

by Tim Collins and Trevor Gladue, two (2) Metis politicians who are

seeking re-election in the upcoming Metis election. A breach of trust was

how an old back up copy was accessed. It was not my intent to have the

email addresses exploited in this way but I do believe that it is important

for you to know that I did not give this infoffi1ation to them but it was taken;"

7. In their natural and ordinary meaning the said words meant and were understood to mean

that:

(a) the Plaintiff stole personal and confidential email information;

(b) the Plaintiff clearly disregards the privacy of the electorate; and

(c) the Plaintiff has selfishly obtained this infonnation for purposes of re-election;

(d) the Plaintiff is not a trustworthy candidate for re-election; and

(e) the Plaintiff is a thief.

8. The aforesaid E-Notice email was sent to over 2,000 people in the Metis and Aboriginal

Community. The aforesaid E-Notice email was further disseminated through the Provincial

Government of Alberta' s internal email list for Provincial Government employees.

9. In consequence to the aforesaid words emailed by the Defendant OMENIHO, the Plaintiff s

reputation, both personally and as an elected official seeking re-election, has been seriously

injured and has suffered considerable distress, embarrassment, and mental anguish. In addition,

the said words have damaged the Plaintiff's ability to be re-elected as the Vice-President of

REGION IV and in his future ability to campaign for future elections.

10. The Defendant OMENIHO maliciously intended to harm the Plaintiff by emailing and

publishing the aforesaid defamatory words.

11. Further or in the alternative, the aforesaid words were calculated to disparage the Plaintiff

in his said profession and/or employment as well as his personal character.

12. The Defendant OMENIHO refuses to retract the aforesaid defamatory words about the

Plaintiff.

13. The Defendants, OPPORTUNITY and REGION IV, as the employers of the Defendant

OMENIHO, refused to take any steps in addressing the aforesaid defamatory words about the

Plaintiff with the Defendant, OMENIHO.

14. The Plaintiff pleads and relies upon the provisions of the Defamation Act, R.S.A. 2000, c. D-

7, the Tort-feasors Act, R.S.A. 2000, c. T -5 and such further and other legislation as deemed fit.

15. The Plaintiff proposes that the Trial of this action be held at the Law Courts Building, in the

City of Edmonton, in the Province of Alberta. The said Trial is not expected to approach or

exceed twenty-five days [Rule 87(c.1): Alberta Rules of Court].


WHEREFORE THE PLAINTIFF, TIM COLLINS, CLAIMS JOINTLY AND

SEVERALLY AGAINST THE DEFENDANTS AS FOLLOWS:

(a) General damages for defamation in the sum of $100,000.00;

(b) Aggravated damages in the sum of $50,000.00;

(c) Exemplary damages in the sum of $50,000.00;

(d) Punitive damages in the sum of $25,000.00;

(e) Special damages as may be proven at trial;

(f) Such further and other damages as may be proven at the trial of this action;

(g) An award sufficient to satisfy any obligation to pay applicable Goods and Services Tax

(G.S.T) on anyamounts awarded pursuant to the terms of the E-\"cise TaxAct, R.S.C. 1985, c.

E-15, Part IX and amendments thereto;

(h) Interest thereupon pursuant to the Judgment Interest Act, R.S.A. 2000, c. J-1.;

(i) Costs of this action; and

(j) Such further and other relief as this Honourable Court deems fit to grant.