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23 CANADIANLAWYERMAG.COM/INHOUSE MAY 2016 family members including his four children, his wife read an emotional half-hour-long victim impact statement on behalf of the family. Potts chose not to provide a state- ment of his own. Often pausing to hold back her tears, Maureen explained how the events of Oct. 15, 2012 unfolded, describing it as "the most terrifying nightmare that one could ever in- fl ict on a family. What happened is also im- portant for anyone who has a role in the ad- ministration of justice," she said. "We have relived the details of that night for each of the 1,200 days and nights since." On the night of the kidnapping, the Potts' oldest daughter, Mary, 20, and son Sam, 19, were away at university. Daughters Ellen, then 16, and Julia, 14, were with their moth- er at home in Courtice, Ont. When they heard the car alarm, Maureen and Ellen ran from their bedrooms, down the stairs, and out the front door into the driveway, fearing Potts had somehow hurt himself and was trying to draw their attention. "The driver's door on David's car was open. So was one of our garage doors. David was not there. I knew he had been taken," Maureen said. She called police and tried calling Potts' BlackBerry and left messages. Their voices were panicky and desperate. The phone went dead as Ellen was trying to leave a message for her father. Thinking it might have been an incident of road rage or robbery, Maureen's mind went to what she thought was a worst-case scenario — was he being beaten or left for dead? "I've never been so desperate and lost. I contemplated that I would never see Da- vid again," said Maureen, who was trying to stay strong for her children. "I couldn't bear to think of my life without Dave." Once he had Potts in his SUV, Lutczyk drove him to an industrial area in nearby Whitby, Ont., where he chained his wrists together and took his BlackBerry. He would eventually ask Potts for the password to his voice mail and played back messages from his wife and daughter — frantic voices in messages left after Potts had been abducted. The industrial unit where Lutczyk held Potts contained an arsenal of weapons in- cluding guns, grenades, plates for body ar- mour, and 1,548 rounds of ammunition for a rifl e. During the emotional victim impact statement, Maureen listed the things found in the truck, which included an Armi Jager (AK47 variant) 0.22-calibre semi-automatic rifl e with two clips containing 27 rounds and 15 rounds in a backpack behind the driver seat, nylon ties, gloves, bear spray, and a col- lapsible shovel. A cube van Lutczyk had also obtained had been altered to include wooden cabinets and metal plates for the doors and windows. Inside the cube van and the industrial unit there were other weapons including a semi- automatic handgun with 18 rounds — a prohibited fi rearm, Russian anti-tank rifl e, a device with three fi lled propane tanks and materials to make a pipe bomb. At one point during the three hours he was held hostage, Potts managed to con- vince Lutczyk to drive to a Tim Hortons restaurant to get him some food. On the way, Lutczyk said: "You know, David, there is a doomsday scenario." Potts was con- vinced he was going to kill them both when he talked about the doomsday scenario. Meanwhile, Maureen had called police as soon as she heard the SUV drive away from their house. Working with Rogers Com- 82 Scollard Street, Toronto, Canada, M5R 1G2 Contact Stacey Ball at (416) 921-7997 ext. 225 or srball@82scollard.com web: www.staceyball.com Ball Professional Corporation Excellence in Employment & Labour Law • Counsel in Leading Cases • • Author of Leading Treatise • Wrongful Dismissal Employment Law Human Rights Post Employment Competition Civil Litigation Appellate Advocacy Disability Referrals on behalf of employees and employers respected Ball_CL_Mar_12.indd 1 12-03-13 2:27 PM Order # 804218-65203 $46 2 volume looseleaf supplemented book Anticipated upkeep cost – $3 per supplement 4- supplements per year Supplements invoiced separately 0-88804-218-3 Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. 00227VI-A48890 Canadian Employment Law Stacey Reginald Ball More than 6,145 cases cited Canadian Employment Law is a one-stop reference that provides a thorough survey of FNQMPZNFOU law and analysis of developing trends, suggesting potential avenues of attack as well as identifying potential weaknesses in the law. Canadian Employment Law has been cited by the Supreme Court of Canada, in superior courts in every province in Canada, and is used in law schools throughout Canada. CANADA LAW BOOK ® Available risk-free for 30 days Order online: www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Also available online on WestlawNext® Canada EmploymentSource™ Untitled-4 1 2015-12-09 9:29 AM

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