Donald Best files Injunction Motion against Barbados Underground publisher Euclid Herbert, Ontario Provincial Police and civil case defendants

“Certain defendants illegally employed and illegally paid a serving Ontario Provincial Police Detective Sergeant ‘on the side’ for illegal private investigations of the Plaintiff and for illegal access to police personnel, records and resources, and for the exercise of police powers and authorities outside of normal systems, procedures and jurisdictions, to benefit defendants in a civil lawsuit…”

Recently filed legal documents in the Ontario civil case Donald Best v Gerald Ranking ask the court to put a stop to the continued reckless distribution of Identity Information for the plaintiff Donald Best, his witnesses, their family members and other victims.

Best is also asking the judge to make the defendants, including police and lawyers, account for their past reckless distribution to the public of Identity Information and other private and confidential information. The Notice of Motion claims that some defendants maliciously placed this private information into the public domain through Euclid Herbert’s ‘Barbados Underground‘ website and by other means of distribution.

The full Notice of Motion including Donald Best’s March 31, 2015 affidavit with exhibits can be downloaded in .pdf form here: (March 31, 2015 Injunction Motion, 17mb)

QUICK DOWNLOAD: Injunction Notice of Motion and Donald Best’s supporting affidavit (without exhibits) here: (March 31, 2015 Injunction / Donald Best affidavit; no exhibits 1.8mb)

You can quickly read the Notice of Motion and Grounds here without downloading:  

                                                                                                              Court File No.     14-0815

SUPERIOR COURT OF JUSTICE

(CENTRAL EAST REGION: BARRIE)

DONALD BEST

Plaintiff

– and-

GERALD LANCASTER REX RANKING; SEBASTIEN JEAN KWIDZINSKI; LORNE STEPHEN SILVER; COLIN DAVID PENDRITH; PAUL BARKER SCHABAS; ANDREW JOHN ROMAN; MA’ANIT TZIPORA ZEMEL; FASKEN MARTINEAU DUMOULIN LLP; CASSELS BROCK & BLACKWELL LLP; BLAKE, CASSELS & GRAYDON LLP; MILLER THOMSON LLP; KINGSLAND ESTATES LIMITED; RICHARD IVAN COX; ERIC IAIN STEWART DEANE; MARCUS ANDREW HATCH; PHILIP ST. EVAL ATKINSON; PRICEWATERHOUSECOOPERS EAST CARIBBEAN (FORMERLY ‘PRICEWATERHOUSECOOPERS’); ONTARIO PROVINCIAL POLICE; PEEL REGIONAL POLICE SERVICE a.k.a. PEEL REGIONAL POLICE; DURHAM REGIONAL POLICE SERVICE; MARTY KEARNS: JEFFERY R. VIBERT; GEORGE DMYTRUK; LAURIE RUSHBROOK; JAMES (JIM) ARTHUR VAN ALLEN; BEHAVIOURAL SCIENCE SOLUTIONS GROUP INC.; TAMARA JEAN WILLIAMSON; INVESTIGATIVE SOLUTIONS NETWORK INC.; TORONTO POLICE ASSOCIATION; JANE DOE #1; JANE DOE #2; JANE DOE #3; JANE DOE #4; JANE DOE #5 JOHN DOE #1; JOHN DOE #2; JOHN DOE #3; JOHN DOE #4; JOHN DOE #5

     Defendants

NOTICE OF MOTION

(PLAINTIFF INTERIM INJUNCTION MOTION)

 TAKE NOTICE THAT the Moving Party (Plaintiff) will apply to a judge of the Court at the Courthouse, 75 Mulcaster Street, Barrie, Ontario, on June 15, 2015 at 9:30 a.m. or so soon thereafter as the matter can be heard for an Interim Injunction ordering:

a. For an order, that it be heard in priority to all other motions, except the motion for leave to amend and the the jurisdiction motion, returnable on June 15, 2015, considering the urgency of this motion;

b. a stop to the current and future reckless distribution, including publishing, of Identity Information and other private and confidential information;

c. the taking down / removing from the internet of past and current published Identity Information, and other private and confidential information;

d. the recovery of the past and current recklessly distributed Identity Information, where possible, including from members of the public, search engines, search engine caches and archival websites and caches;

e. An accounting for past distribution of the Identity Information, and other private and confidential information to the extent possible;

f.  the prohibition of exhortations to others to commit criminal and quasi-criminal offenses in support of the defendants;

g. the preservation of all evidence by defendants and other persons and entities as counsel may advise and this Honourable Court may permit;

h. the examination of police records to determine to what extent those records are changed/corrupted/inaccurate due to the defendants’ illegal access and influence to police personnel, resources, systems and organizations;

i. the preservation of the confidentiality of certain documents which will be referred to in argument.

or as otherwise advised or as this Honourable Court deems just.

PROPOSED METHOD OF HEARING: The motion is to be heard orally.

THE GROUNDS FOR THIS MOTION ARE:

1. Confidential and private information, and other documents and communications including:

a. ‘Identity Information’ as defined in the Criminal Code section 402.1, and the distribution of which is contrary to the Criminal Code 402.2(2) for the Plaintiff, his family members and others; and,

b. Other inappropriate, private, confidential and/or privileged information about the Plaintiff, his family members and others; and,

c. Public and private threats and harassment, and exhortations to the public to commit offenses against the Plaintiff and others in support of the defendants;

have been, and continue to be, circulated, publicized, recklessly distributed to the public and perpetrated by the Defendants and their John Doe co-conspirators. This includes a campaign and pattern of threats, harassment and defamation that is posted to websites on the internet. The attacks on the Plaintiff continue and are causing damage and fear to the Plaintiff. The Plaintiff needs these postings and publications to be stopped and for all offending materials to be traced and removed from places where it resides in order to prevent any further damage to him and others who are the target of this campaign.

2. Certain defendants illegally employed and illegally paid a serving Ontario Provincial Police Detective Sergeant ‘on the side’ for illegal private investigations of the Plaintiff and for illegal access to police personnel, records and resources, and for the exercise of police powers and authorities outside of normal systems, procedures and jurisdictions, to benefit defendants in a civil lawsuit involving the Plaintiff’s corporation and to benefit them in proceedings in furtherance of costs against the Plaintiff, examination of the Plaintiff and a contempt order against the Plaintiff.

3. The Defendants’ ‘unofficial, on the side’ police agents placed information into police computer and records systems, including CPIC, in non-standard procedures outside of their normal jurisdictions.

4. Such further grounds as counsel may advise and this Honourable Court permit.

THE FOLLOWING DOCUMENTARY EVIDENCE will be used at the hearing of this Motion:

1. Affidavit of Donald Best, sworn March 31, 2015;

2. Sealed exhibits to be filed only with the court after instructions have been received from the Honourable Court;

3. Such further material as counsel may advise and this Honourable Court may permit. 

DATED AT TORONTO, this 31^th day of March, 2015

Paul Slansky, Barrister and Solicitor

SLANSKY LAW PROFESSIONAL CORPORATION 1062 College Street, Lower Level Toronto, Ontario M6H 1A9 Tel: (416) 536-1220; Fax (416) 536-8842 LSUC # 25998I

Counsel for the Moving Party (Plaintiff)

TO:                  The Registrar, Superior Court of Justice, Barrie, Ontario

AND TO: Adrienne Lipsey: Wardle Daley Berstein Bieber

2104 – 401 Bay Street, P.O. Box 21, Toronto, ON, M5H 2Y4 Tel.: 416-351-2771 Fax: 416-351-9196

Counsel for Gerald Lancaster Rex Ranking, Sebastien Jean Kwidzinski, Lorne Stephen Silver, Colin David Pendrith, Paul Barker Schabas, Andrew John Roman, Ma’anit Tzipora Zemel, Fasken Martineau Dumoulin LLP, Cassels Brock & Blackwell LLP, Blake, Cassels & Graydon LLP and Miller Thomson LLP

AND TO: Jennifer Hunter: Lerners LLP

2400 – 130 Adelaide St. W., Toronto, ON, M5H 3P5 Tel.: 416-867-3076, Fax: 416-867-9192

Counsel for George Dmytruk, Laurie Rushbrook, Durham Regional Police Service,

AND TO: Andrea LeDrew: Steiber Berlach LLP

130 Adelaide St. W. 18^th Floor, Toronto, ON, M5H 3P5, Tel.: 416-366-1400, Fax: 416-366-1466

Counsel for Peel Regional Police Service a.k.a. Peel Regional Police

AND TO: Paul-Erik Veel: Lenczner Slaght LLP

2600 – 130 Adelaide St. W., Toronto, ON M5H 3P5, Tel.: 416-865-2842, Fax: 416-865-2861

Counsel for Toronto Police Association

AND TO: Former Ontario Provincial Police Commissioner, Chris Lewis

c/o Privacy & Records, OPP General Headquarters, 777 Memorial Avenue, Orillia, ON, L3V 7V Tel:      705-329-7540

AND TO: Jeffrey Claydon: Ministry of the Attorney General

720 Bay Street 8^th Floor, Toronto, ON, M7A 2S9, Tel.: 416-212-0563, Fax: 416-326-4181

Counsel for Ontario Provincial Police, Marty Kearns, Jeffery R. Vibert

AND TO: Philip Wright: Johnstone & Cowling LLP

441 Jarvis St., Toronto, ON, M4Y 2G8, Tel.: 416-546-2103, Fax: 416-546-2104

Counsel for James (Jim) Arthur Van Allen, Behavioural Science Solutions Group Inc., Tamara Jean Williamson

AND TO: Norman Groot: Investigative Counsel PC

350 Bay St. Suite 1000, Toronto, ON, M5H 2S6, Tel.: 416-637-3150, Fax: 416-637-3445

Counsel for Investigative Solutions Network Inc.

AND TO: Mark Polley:

80 Richmond St. W. Suite 1300, Toronto, ON, M5H 2A4, Tel.: 416-365-1600, Fax: 416-365-1601

Counsel for Kingsland Estates Limited, Richard Ivan Cox, Marcus Andrew Hatch, Philip St. Eval Atkinson, PricewaterhouseCoopers East Caribbean (formerly ‘PricewaterhouseCoopers’)

Readers Please Note

Each of the court documents available at DonaldBest.ca has already been filed in the courts as part of the Donald Best v. Gerald Ranking et al lawsuit or in Best’s original contempt of court case. Each has been redacted to remove personal information and ‘Identity Information’ as defined in Section 402.1 of the Criminal Code of Canada (i.e.: address, date of birth, written signature, electronic signature, digital signature, user name, credit card number, debit card number, financial institution account number, passport number, Social Insurance Number, health insurance number, driver’s licence number or password.)

Under Section 402.2 (2), “Everyone commits an offence who transmits, makes available, distributes, sells or offers for sale another person’s identity information, or has it in their possession for any of those purposes, knowing that or being reckless as to whether the information will be used to commit an indictable offence that includes fraud, deceit or falsehood as an element of the offence.”

As always we remind our readers that none of the allegations has yet been proven in a court of law, and to our knowledge only one of the defendants has filed a Statement of Defence. Visitors to this website are encouraged to examine the legal documents and other evidence posted here, to do independent research and to make up their own minds about the civil lawsuit known as ‘Donald Best v. Gerald Ranking et al’. (Superior Court of Justice, Central East Region: Barrie, Court File No. 14-0815)

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