(Today’s Northumberland file photo)
A Cobourg man has served the Cobourg Police and the Town of Cobourg with a Statement of Claim on Friday, June 26, 2026 claiming a $1.25 million lawsuit.
According to the Statement of Claim, Brett Smith alleges that beginning in 2022 he repeatedly advised the Cobourg Police Service that he was self-represented in ongoing civil litigation and requested that any future contact be made by email or text message rather than through unannounced visits to his home.
The claim alleges that on March 26, 2025, Smith again warned police against attending his residence without notice. He alleges that later that day a Town by-law officer attended his home and advised he would return the following day with police.
Smith claims that on March 27, 2025, approximately 12 Cobourg police officers and by-law enforcement officers arrived at his residence to conduct a by-law inspection. According to the lawsuit, when Smith told officers to contact the Chief before taking further action, he was arrested, physically assaulted and charged with obstructing a police officer.
The lawsuit further alleges that Smith’s son attempted to record the arrest but was physically prevented from doing so by a by-law enforcement officer.
Smith also alleges he was handcuffed excessively tightly, causing permanent nerve damage, and was left in the rear of a police cruiser for more than an hour before being removed.
According to the Statement of Claim, the criminal charge was stayed by the Crown on November 24, 2025, following a judicial pre-trial and review of police body-worn camera footage.
The lawsuit further alleges that on May 21, 2026, three Cobourg police officers again attended Smith’s residence without prior notice shortly after he had emailed then-Chief Paul VandeGraaf regarding his earlier civil litigation. Smith alleges the repeated attendances formed part of an ongoing pattern of harassment and retaliation.
The claim alleges malicious prosecution, misfeasance in public office, violations of sections 7, 8 and 9 of the Canadian Charter of Rights and Freedoms, and seeks Charter damages under section 24(1).
Smith also claims he suffered numerous physical and psychological injuries, including injuries to his neck, shoulder, hip, knee, collarbone, a torn bicep and permanent nerve damage to his wrist.
The lawsuit seeks $1.25 million in damages, including general, aggravated, punitive and exemplary damages, damages for malicious prosecution, Charter breaches, special damages, interest and legal costs.
The allegations contained in the Statement of Claim have not been proven in court. At the time of publication, no Statement of Defence had been filed, and the defendants have not had an opportunity to respond to the allegations.
Author: Pete Fisher
Has been a photojournalist for over 30-years and have been honoured to win numerous awards for photography and writing over the years. Best selling author for the book Highway of Heroes - True Patriot Love
