Former Vancouver Canuck, Willie Mitchell, is named in a sexual assault lawsuit stemming from an alleged incident in September 2022 in Tofino at a resort where Mitchell was a director at the time.
The lawsuit, which names William Reid Mitchell, Tofino Resort and Marina Inc., and a numbered company, was filed in Vancouver in the Supreme Court of B.C. on Wednesday (Oct. 1), according to court documents. The plaintiff is named as S.D.K.
The waterfront resort is located at 634 Campbell St. in Tofino. The numbered company, 1082304 B.C. Ltd., is the registered title owner of the land the resort is located on.
At the time of the alleged assault, the resort held a liquor primary licence and could sell alcohol to patrons, including the plaintiff.
Mitchell, who played for the Canucks between from 2006 to 2010, was one of three directors of the Tofino Resort in September 2022. He ceased being a director on Feb. 23, 2023.
None of the claims have been proven in court. Responses to the civil claim must be filed within 21 days if the respondents live in Canada or within 35 days if they live in the United States.
The plaintiff, who was 26 years old in September 2022, had moved to Tofino to gain diving experience to further her skills for a career in oceanography. after completing her undergraduate degree in earth and environmental sciences in 2021. She was planning to apply to the University of British Columbia or the University of Victoria for her post-graduate in oceanography.
In September 2022, she was working at the Tofino Resort's 1909 Kitchen + Bar as a server.
The Race for the Blue tuna derby was scheduled to be hosted at the Tofino Resort between Sept. 9 and 17, 2022.
S.D.K. went to her scheduled shift at 1909 Kitchen + Bar on Sept. 11, 2022 and following her shift she went to the adjoining pub, The Hatch, on the same property to socialize with coworkers and enjoy live music.
While at The Hatch, S.D.K. was served wine and tequila and as the evening went on she "became visibly impaired by alcohol intoxication." The lawsuit says she only has "fragmentary memories of the events," recalling dancing on the dance floor "but has little to no memory thereafter."
The lawsuit says that Mitchell, who was 45 years old at the time, reportedly escorted S.D.K. out of the pub and to his vehicle, adding that the plaintiff only has "vague memories of being in a car and having only one shoe on."
Mitchell is alleged to have taken her to his home and while there had unprotected sex with her, among other acts, and is alleged to have put his hands around her neck "in a strangle-like hold."
The lawsuit says in the morning S.D.K. regained "full awareness" and walked home alone with only one shoe. Her personal belongings, including cellphone, jacket and purse, had been left at the pub.
That afternoon of Sept. 12, 2022, the lawsuit claims she went to the local RCMP detachment and then went to the Tofino General Hospital for a forensic nurse examination.
The lawsuit alleges injuries including abrasions to her neck, back and shoulder; episodes of overwhelming anger; isolating and agoraphobic behaviours, depressive symptoms; and self-harm and suicidal ideation.
The plaintiff says that as a result, her career path has been delayed and altered. She's seeking relief for loss of past earnings and loss of future earnings, as well as punitive damages against Mitchell.
The lawsuit says Mitchell, who was acting general manager at the resort, was in a position of power and authority as S.D.K. was his subordinate. It adds he is 19 years older than the plaintiff, about 70 pounds heavier than her and was "less impaired, or not at all impaired, by alcohol consumption," compared to S.D.K.
The lawsuit adds that as a directing mind and agent of the resort, Mitchell had a duty of care to take reasonable steps to "prevent forseeable harm to patrons, including the plaintiff.
