Family of gunsmith killed in raid files $23M lawsuit against Toronto police board
CBC
The family of a renowned gunsmith who died after officers raided his workshop is suing the Toronto Police Service for $23 million, alleging the"unlawful" act led to Rodger Kotanko's "wrongful death."
The statement of claim filed Tuesday morning at Simcoe Superior Court names five "John Doe" officers, Insp. Norman Proctor, Chief James Ramer and the Toronto Police Services Board for their involvement in the Nov. 3 raid at Kotanko's workshop in Norfolk County, Ont.
CBC Hamilton previously reported that a TPS officer shot the 70-year-old while executing a search warrant.
Kotanko is survived by his wife, Xueqin Mai (also known as Jessie), daughter Minying, and sons Colton and Conner.
His family, including his wife, who was home when police arrived, raised questions about how the raid took place and why they never received or saw a search warrant until over a month later.
"No amount of money can ever make up for the loss of Rodger, but a $23-million lawsuit makes a statement," Michael Smitiuch, the family's lawyer, told CBC Hamilton on Monday.
"It makes a statement that his life mattered, what happened to him is unacceptable, and it also makes a statement as to the horrendous and significant losses his family have suffered."
TPS told CBC Hamilton Tuesday it received the statement of claim and couldn't comment because of the legal proceedings and ongoing investigation by the Special Investigations Unit (SIU).
The courthouse said Tuesday that no statement of defence has yet been filed.
The claims haven't been proven in court and CBC has not seen search warrant documents.
The lawyer told CBC they received the search warrant documents from TPS in December.
Smitiuch said those documents allege two pistols seized in Toronto and North Bay last year with their serial numbers shaved off were linked to Kotanko. The lawyer said police allege Kotanko unlawfully transferred the guns to someone.
Smitiuch and the family deny the allegation, saying Kotanko followed the rules and he was knowledgable enough to know shaving off the serial number and inscription wouldn't entirely remove them. Smitiuch added even if the allegation is true, he shouldn't have died because of it.
Smitiuch and Kotanko's brother, Jeff Kotanko, said the gunsmith had a log book with all of his records and transactions, but can't access it because Toronto police have it.
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