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IN THE COURT OF QUEEN'S BENCH OF ALBERTA JUDICIAL DISTRICT OF EDMONTON BETWEEN: ALLAN ANTHONY BUTTNOR Plaintiff - and - JANICE "KELLY" GARIEPY, REED LEARY and KEN MONTOGOMERY Defendants _STATEMENT OF DEFENCE OF THE DEFENDANT, KEN MONTGOMERY_ 1. The Defendant, Ken Montgomery (hereinafter referred to as the "Montgomery Defendant"), denies each and every of the allegations contained in the statement of Claim, or at all, and puts the Plaintiff to strict proof thereof. 2. The Montgomery Defendant specifically denies that: a. he conspired or agreed with any of the Defendants to injure the Plaintiff and the Plaintiff's Church as alleged in Paragraphs 5 and 13 of the Statement of claim, or at all; b. he or the Defendant, Reed Leary (hereinafter referred to as the "Leary Defendant"), conspired or combined to injure the Plaintiff and the Plaintiff's Church as alleged in Paragraphs 5 and 13 of the Statement of Claim, or at all; c. he committed the alleged or any overt acts, and that he pursued the alleged or any course of action to injure the Plaintiff and the Plaintiff's Church as alleged in Paragraphs 5 and 13 of the Statement of Claim, or at all; d. he instituted the alleged or any criminal 2 proceedings against the Plaintiff as alleged in Paragraphs 5, 7, 8 and 11 of the Statement of Claim, or at all; e. he arrested or detained the Plaintiff as alleged in Paragraphs 5, 7, 8 and 11 of the Statement of Claim, or at all; f. he harassed the Plaintiff as alleged in Paragraphs 5 and 9 of the Statement of Claim, or at all; g. he distributed the alleged or any false and derogatory information respecting the Plaintiff's religion as alleged in Paragraphs 5 and 10 of the Statement of Claim, or at all; h. he was guilty of the alleged or any negligence as alleged in Paragraphs 8 and 11 of the Statement of Claim, or at all; i. he displayed the alleged or any improper conduct as alleged in Paragraph 9 of the Paragraph 9 of the Statement of Claim, or at all; k. he made any discriminatory remarks respecting the Plaintiff's religion as alleged in Paragraph 9 of the Statement of Claim, or at all. l. the Plaintiff sustained the alleged or any injuries, losses or damages as alleged in Paragraphs 5, 7, 11, 12, 13 and 14 of the Statement of Claim, or at all. m. the Plaintiff's Church and parishioners sustained the alleged or any injuries, losses or damages as alleged in Paragraphs 7, 12 and 13 of the Statement of Claim, or at all. 3. In answer to the allegations contained in Paragraphs 5, 7, 8 and 11 of the Statement of Claim, the Montgomery Defendant states that the alleged or any criminal proceedings have not 3 4. In answer to the allegations contained in Paragraphs 6, 10 and 11 of the Statement of Claim, the Montgomery Defendant states that the _Canadian Charter of Rights and Freedoms_ and the _Canadian Bill of Rights_ do not apply to the Plaintiff's alleged cause of action against the Defendants, and the Montgomery Defendant pleads and relies on Section 32 of the _Canadian Charter of Rights and Freedoms_, and on Sections 2 and 5(2) of the _Canadian Bill of Rights_. 5. Further, or in the alternative, if the _Canadian Charter of Rights and Freedoms_, and the _Canadian Bill of Rights_ apply to the Plaintiff's alleged cause of action, which is not admitted but specifically denied, the Montgomery Defendant specifically denies that he deprived the Plaintiff of the alleged or any fundamental freedoms and rights as alleged in Paragraphs 6, 10 and 11 of the Statement of Claim, or at all. 6. In answer to the whole of the Statement of Claim, the Montgomery Defendant states that he was not involved in the alleged or any investigation, arrest or detention of the Plaintiff, and further states that he was not involved in the institution of the alleged or any criminal proceedings against the Plaintiff. 7. Save as expressly admitted herein, each and every of the 4 other allegations contained in the Statement of Claim is specifically denied. WHEREFORE THE DEFENDANT, KEN MONTGOMERY, PRAYS that the Plaintiff's action against him be dismissed with costs. DATED at the City of Edmonton, in the Province of Alberta, this 3rd day of April, 1991, AND DELIVERED BY Messrs. Brownlee Fryett, Barristers and Solicitors, Suite 2300, Canada Trust Tower, 10104 - 103 Avenue, Edmonton, Alberta, TSJ 3X7, Solicitors for the Defendant, Ken Montgomery, whose address for service is in care of the said Solicitors. AND BETWEEN: KEN MONTGOMERY Plaintiff by Counterclaim - and - ALLAN ANTHONY BUTTNOR and CHURCH OF SCIENTOLOGY OF ALBERTA Defendants by Counterclaim _COUNTERCLAIM_ 1. The Plaintiff by Counterclaim (hereinafter referred to as "Montgomery") resides in the City of Edmonton, in the Province of Alberta. 5 2. The Defendant by Counterclaim, Allan Anthony Buttnor (hereinafter referred to as "Buttnor"), so far as is known to Montgomery, resides in the City of Edmonton, in the Province of Alberta. 3. The Defendant by Counterclaim, Church of Scientology of Alberta (hereinafter referred to as the "Church"), is a body corporate duly incorporated pursuant to the _Companies Act_. 4. Montgomery is an individual duly appointed to the Edmonton Police Service as a police officer pursuant to the _Police Act_, S.A. 1988, c. P-12.01, as amended. 5. In performing his duties as a police officer assigned to the Edmonton Integrated Intelligence Unit, Montgomery investigates "cult, occult, ritualistic and religious influence crime". 6. In carrying out his function as a police officer investigating "cult, occult, ritualistic and religious influence crime", Montgomery advises, assists and instructs police officers, peace officers, and health, education, and social care professionals. 7. On or about the 23rd day of January, 1991, at Buttnor's initiative and request, Montgomery and Reed Leary (hereinafter referred to as "Leary") met with Buttnor, the Church's Director of 6 Special Affairs, for approximately one hour at Jamie's Dining Room, in the City of Edmonton, in the Province of Alberta, as Buttnor advised that he would supply information respecting the Church. During the course of the said meeting, Buttnor provided information respecting the Church, and was clearly advised of Montgomery's investigative role in detecting and preventing "cult, occult, ritualistic and religious influence crime". 8. On or about the 6th day of March, 1991, at Buttnor's initiative and request, Montgomery and Leary met with Buttnor and Susan Kerr (hereinafter referred to as "Kerr"), the Church's Regional Director of Special Affairs, for approximately one hour at Hanratty's Tea and Pastry Shop, in the City of Edmonton, in the Province of Alberta, as Buttnor advised that he wanted to introduce Montgomery and Leary to Kerr. During the course of the said meeting, Buttnor and Kerr were advised that Montgomery and Leary would not answer questions relating to any alleged investigation of the Church. 9. On or about the 8th day of March, 1991, Montgomery discovered that criminal proceedings had been instituted against Buttnor. 10. On or about the 8th day of March, 1991, Montgomery received a telephone call from Kerr requesting a meeting with Montgomery and Leary. 7 11. On or about the 13th day of March, 1991, Montgomery and Leary met with Kerr, Hilarie Rockl (hereinafter referred to as "Rockl"), of the Church's "Sea-Org", and Mark Gardner (hereinafter referred to as "Gardner"), of the Church's "Legal Section", for approximately one hour, at the offices of the Royal Canadian Mounted Police, in the City of Edmonton, in the Province of Alberta. During the course of the said meeting, Kerr, Rockl and Gardner were clearly informed that Montgomery was not involved in the investigation, arrest or detention of Buttnor, and that Montgomery was not involved in the institution of criminal proceedings against Buttnor in response to allegations to the contrary. 12. By letter dated the 18th of March, 1991, and signed by Kerr, the Church falsely and maliciously wrote and published or caused to be written and published of and concerning Montgomery to the Edmonton Police Service and to the Royal Canadian Mounted Police, the following words: a. "certain abuses by these two IIU officers in their dealings with the Church ... highly irregular and ... outrageous"; b. "blatant examples of abuse"; c. "ridiculed the practice and beliefs of the religion of Scientology"; d. "used profanity"; e. "improper and rude behaviour"; f. "phoned me to harass me about the whereabouts 8 of one of our ministers ..." g. "the whole attitude of these two officers in their various conversations with us was that of ridicule of the beliefs and practice of our religion and our Church"; h. "there were several attempts to make belittling and insulting comments in order to divert the member of the Church from getting their questions answered"; i. "I am lodging this as the spokesperson for the Church ... due to the above improper actions, allegations and harassment directed against my religion"; j. "Detectives Leary and Montgomery are far exceeding their duties and powers and while abusing their office, are taking discriminatory actions against a religion." 13. On or about the 20th day of March, 1991, Buttnor and the Church issued the within Statement of Claim against Montgomery, when they knew or ought to have known that Montgomery was not involved in the investigation, arrest or detention of Buttnor, and that Montgomery was not involved in the institution of criminal proceedings against Buttnor. 14. By the publication of the said words, and by the reckless and malicious issuance of the within Statement of Claim, Montgomery has been greatly injured in his credit, character and reputation in the community, and in his profession as a duly appointed police officer. 15. Buttnor and the Church published the defamatory words and 9 issued the defamatory Statement of Claim out of malice towards Montgomery, and with the deliberate intention of discrediting his personal and professional reputation, and to expose Montgomery to great distress, embarrassment, and loss of reputation. Montgomery pleads that the conduct of Buttnor and the Church entitles him to aggravated, exemplary and punitive damages. 16. Montgomery pleads and relies upon the _Defamation Act_, R.S.A. 1980, c. D-6, as amended. 17. Further, or in the alternative, Buttnor and the Church instituted the within proceedings maliciously and solely for the purpose of pressuring Montgomery into discontinuing any alleged investigation of the Church, and for the purpose of injuring Montgomery's credit, character and reputation, and his profession as a duly appointed police officer. 18. The conduct of Buttnor and the Church amounts to an abuse of process for which Montgomery is entitled to damages. 19. Further, or in the alternative, Buttnor and the Church instituted the within proceedings without reasonable or probable cause and maliciously, and the conduct of Buttnor and the Church amounts to a malicious prosecution for which Montgomery is entitled to damages. 10 20. As a result of the abuse of the process and malicious prosecution, Montgomery has been greatly injured in his credit, character, and reputation in the community, and in his profession as a duly appointed police officer. 21. Buttnor and the Church's abuse of process constitutes a wanton and outrageous disregard of Montgomery's rights, for which Montgomery is entitled to an award of punitive and exemplary damages. 22. Montgomery pleads and relies on the _Judgment Interest Act_, S.A. 1984, c. J-0.5, as amended. 23. Montgomery proposes that the trial of this action be held at the Law Courts Building, in the City of Edmonton, in the Province of Alberta. WHEREFORE THE PLAINTIFF BY COUNTERCLAIM CLAIMS: a. General and Aggravated Damages in the sum of $50,000.00; b. Punitive and exemplary damages in the sum of $50,000.00; c. Pre-judgment and post-judgment interest pursuant to the _Judgment Interest Act_, S.A. 1984, c. J-0.5, as amended; d. Costs of this action; and e. Such further and other relief as this Honourable Court deems appropriate. 11 DATED at the City of Edmonton, in the Province of Alberta, this 3rd day of April, 1991, AND DELIVERED BY Messrs. Brownlee Fryett, Barristers and Solicitors, Suite 2300, Canada Trust Tower, 10104 - 103 Avenue, Edmonton, Alberta, T5J 3X7, Solicitors for the Plaintiff by Counterclaim, whose address for service is in care of the said Solicitors. ISSUED out of the Office of the Clerk of the Court of Queen's Bench of Alberta, Judicial District of Edmonton, this 3rd day of April, 1991. ----------------------------------- Clerk of the Court of Queen's Bench of Alberta Action No.: 9103 05525 A.D. 1991 TO: THE DEFENDANTS BY COUNTERCLAIM: -------------------------------- ALLAN ANTHONY BUTTNOR and IN THE COURT OF QUEEN'S BENCH CHURCH OF SCIENTOLOGY OF ALBERTA OF ALBERTA You are hereby notified that JUDICIAL DISTRICT OF EDMONTON the Plaintiff may enter Judgment in accordance with -------------------------------- this Statement of Claim or such BETWEEN: Judgment as, according to the Practice of the Court, he is ALLAN ANTHONY BUTTNOR entitled to, without any further Plaintiff notice to you unless within - and - FIFTEEN (15) JANICE "KELLY" GARIEPY, REED LEARY and KEN MONTGOMERY days after service hereof upon Defendants you (excluding the day of service) you cause to be filed in the Office AND BETWEEN: of the Clerk of this Court from which the Statement of Claim has issued, KEN MONTGOMERY Plaintiff by Counterclaim 1.) A Statement of Defence; or 2.) A Demand that notice of any Application to be made in the action ALLAN ANTHONY BUTTNOR and be given you; CHURCH OF SCIENTOLOGY OF ALBERTA Defendants by Counterclaim And unless within the same time a copy of your Statement of Defence or Demand of Notice is served upon the Plaintiff -------------------------------- or his Solicitor at his stated address STATEMENT OF DEFENCE OF THE DEFENDANT, KEN MONTGOMERY, AND for service. COUNTERCLAIM -------------------------------- This Counterclaim is issued by: MESSRS. BROWNLEE FRYETT Barristers and Solicitors Solicitors for the Plaintiff by BROWNLEE FRYETT Counterclaim who resides at Barristers & Solicitors EDMONTON, Alberta 2300 Canada Trust Tower And whose address for service is 10104 - 103 Avenue Suite 2300 Canada Trust Tower EDMONTON, Alberta 10104 - 103 Avenue T5J 3X7 EDMONTON, Alberta T5J 3X7 And is addressed to the Defendant by File: 43,754-001 Counterclaim whose residence so far as known to the Plaintiff by Counterclaim is: (seal) EDMONTON, Alberta FILED APR-3 1991 DISTRICT OF EDMONTON
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Martin Hunt / martinh@islandnet.com / August 15 1997