Canadian Lawyer

12 A U G U S T 2 0 1 5 w w w . C A N A D I A N L a w y e r m a g . c o m O n a sunny August morning two years ago, on an Alberta highway not far from Camrose, a car over- took a police motorcycle being driven by Sgt. Robert Behiels, a veteran Alberta sheriff. Behiels was on routine traffic patrol and he immediately clocked the car at 130 kilometres an hour in a 100 km/h zone. He flipped on his lights and siren and pulled the vehicle over. What followed has been described in part by an Alberta judge as "bizarre." And the events have led to Behiels bringing a $4-mil- lion lawsuit against the driver of the car, 42-year-old dentist Simona Tibu. Tibu's "bizarre behaviour" included about eight minutes of struggling in an effort to prevent Behiels from handcuffing her. Most of the incident was captured on a camera attached to Behiels' motorcycle. On several occasions she appears to be calling out for help. Tibu was finally handcuffed and ended up with cuts to her face and bruising elsewhere on her body. Accord- ing to the sheriff, the cuts occurred when she fell during the struggle. According to Tibu, Behiels hit her head against the pavement. The video is inconclusive but its final frames show a handcuffed Tibu with Behiels behind her going to the ground. Following the incident, Tibu alleged assault and sexual assault against the sher- iff. This led to Behiels being charged, but those charges were later thrown out by a judge before the case went to trial. The video played during Tibu's trial shows Behiels at the window of her car. He testified he was demanding her licence. He opens the driver-side door and Tibu steps out. The video then catches Behiels press- ing a wriggling Tibu against the car strug- gling to get handcuffs on her. Tibu testified she had a panic attack and "I felt my life was in danger." Behiels told the court sub- duing Tibu was like dealing with a feral cat. Tibu was convicted of assault and resisting arrest. Judge Gordon Yake called Tibu's accusations of sexual assault both "untrue" and "despicable" and added he believed very little of her testimony. Sev- eral weeks later, Yake sentenced Tibu to a one-year suspended sentence. Shortly before that sentence was deliv- ered, Behiels sued Tibu. His statement of claim alleges Tibu defamed him by falsely claiming assault and sexual assault and as a consequence exposed him to "ridicule, hatred and contempt." The lawsuit further alleges that Tibu attended Behiels place of work and repeated her accusations in front of co-workers. He describes Tibu's conduct as "malicious, high-handed, callous and arrogant." None of the allega- tions have been tested in court and Tibu, as of this writing, has not filed a statement of defence. — GE \ AT L A N T I C \ C E N T R A L \ W E S T REGIONAL WRAP-UP BIZARRE TRAFFIC STOP LEADS SHERIFF TO SUE DENTIST FOR $4-MILLION MATTER CREDENTIALS TORONTO I BARRIE I HAMILTON I KITCHENER 1-866-685-3311 www.mcleishorlando.com A Noticeable Difference ™ Choosing a personal injury lawyer is one of the most important decisions an injured person will make. Help your client ask the right questions: Is the lawyer? I Untitled-1 1 2015-05-13 4:13 PM

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