A $1.6 million lawsuit filed more than two years ago by a former grain inspector against the Canadian Grain Commission and the federal government is in limbo in the Ontario court system.
“It’s basically just sitting there right now,” said Dave Lewicki, who claims he was the victim of a conspiracy to prevent him from being hired as an assistant grain commissioner in 1998.
“Once I can get some things together, we’ll start moving on it again,” he said. “I’m not giving up, I’ll tell you that.”
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The statement of claim, filed in the Ontario Superior Court of Justice in Thunder Bay on Sept. 6, 2002, names a number of defendants, including the CGC, former chief commissioner Barry Senft, former federal agriculture minister Lyle Vanclief and several employees of Saskatchewan Wheat Pool.
The statement alleges that Lewicki was targeted because he had publicly criticized grain commission policies and had acted as a “watch dog for grain producers and a whistle blower” on behalf of farmers.
“The plaintiff pleads that the defendants … unlawfully conspired to interfere with the plaintiff’s application to be considered for appointment as an assistant commissioner of the CGC,” according to the claim.
A statement of claim consists of unproven allegations that have not been challenged in court.
Two of the pool employees have filed statements of defence, but the federal government has not.
In January 2003, the federal department of justice, representing government agencies and employees named as defendants, asked for clarification from Lewicki on matters in the claim and on several procedural issues.
“We are still waiting for a response,” federal government lawyer Alex Kaufman said.
Lewicki’s lawyer declined to return phone calls asking for comment on the case.
A Manitoba farmer who has been soliciting donations to help pay Lewicki’s legal bills said the former grain inspector deserves the support of prairie grain growers.
“He brought to public attention time and time again things that were in farmers’ interests to know,” said Eduard Hiebert from his farm at St. Francis Xavier, Man. “He was fulfilling the mandate of the CGC. The problem was there were other political hacks around who were not.”
Lewicki said he’s grateful for the $500 or $600 he has received from supporters, but adds that doesn’t go far in paying a $250-an-hour legal bill.
The 25-page statement of claim outlines a series of events dating back to Jan. 15, 1998, when Lewicki, who had worked for the commission for more than 17 years, applied to be appointed assistant grain commissioner.
Lewicki said in the statement of claim that Senft didn’t want him to get the job because of Lewicki’s public criticisms that the agency was more concerned about the welfare of grain companies than farmers.
He said in the claim that he was targeted for harassment in the workplace and was the subject of “spurious” complaints about his activities and job performance, which led to disciplinary actions including suspensions, all of which he said were designed to destroy his reputation and prevent him from being hired or quitting his current job.
The file also claims emotional trauma and injury.
The lawsuit seeks general damages of $1 million, aggravated damages of $250,000, punitive damages of $250,000, and special damages of $100,000, as well as interest and legal costs.
