Montsion criminal case ends, but lawsuit awaits

The lawyer representing Abdirahman Abdi's family says the family can now “move forward” on a $1.5-million civil lawsuit after learning the Crown will not appeal the acquittal of Const. Daniel Montsion on charges of manslaughter and assault in Abdi's death.

With the 30-day appeal period expiring following the Oct. 20 verdict by Ontario Court Justice Robert Kelly, lawyers representing Montsion confirmed Thursday they had not been formally served with a notice of appeal.

The judge's verdict and the news that the Crown would not appeal Kelly's decision were met with disappointment from activists, including the Justice for Abdirahman Coalition, and from Lawrence Greenspon, who represents Abdi's family in the lawsuit.

Greenspon said that “there are a number of findings in the judge's decision, which were made because the evidence did not reach the high criminal standard of (proof ) beyond a reasonable doubt, but findings that were made that would certainly satisfy the civil standard of proof.”

A statement of claim on behalf of Abdi's family was previously filed, but all parties agreed movement on the case would be postponed until the criminal case ended.

“With the 30-day appeal period being completed and no appeal, we are now in a position to move forward on the civil action,” Greenspon said.

The civil suit names Montsion as a co-defendant along with Const. Dave Weir — who was investigated by the Special Investigations Unit following Abdi's fatal arrest on July 24, 2016, but was not charged — along with the Ottawa Police Services Board and former police chief Charles Bordeleau.

Greenspon said the Abdi family has been pleased with some of Chief Peter Sloly's response to central issues that arose at trial, including committing to training for officers to identify and de-escalate situations where people are in mental health crisis.