OF BRIT! QL MBI le a MAY 8 8 2075 NO. VANCOUVER REGISTRY BETWEEN sIMMY NOWZER MISTRY PLAINTIFF AND SHIAMAK DAVAR DEFENDANT NOTICE OF CIVIL CLAIM ‘This action has been started by the Plaintiff for the relief set out in Part 2 below, yon ned to esp to his ston, you or our er mst (@) file Response to Civil Claim in Form 2in the above-named registry of this court i Claim deseribed below, and within the time for Response to (b) serve a copy ofthe filed Response to Civil Claim on the Pains, If you intend to make a counterclaim, you or your lawyer must (@) file @ Response to Civil Claim in Form 2 and a Counterelaim in Form 3 in the above-named registry of this court within the time for Response to Civil Claim described below, and (©) serve a copy of the filed Response to Civil Claim and counterclaim on the ‘named in the Counterclaim Plaintiff and on any new pt JUDGMENT MAY BE PRONOUNCED AGAINST YOU IF YOU FAIL to file the Response to il Claim within the time for Response to Civil Claim deseribed below.TIME FOR RESPONSE TO CIVIL CLAIM A Response to Civil Claim must be filed and served on the Plaintiff, (2) __ if you reside anywhere in Canada, within 21 days after the date on which a copy of the filed Notice of Civil Claim was served on you, (b) if you reside in the United States of America, within 35 days after the date on which a copy of the filed Notice of Civil Claim was served on you, (c) if you reside elsewhere, within 49 days after the date on which a copy of the filed Notice of Civil Claim was served on you, or (a) if the time for Response to Civil Claim has been set by order of the court, within that time. CLAIM OF THE PLAINTIFF PART 1: STATEMENT OF FACTS 1 The Plaintiff, Jimmy Nowzer Mistry, is a cameraman for a Vancouver television station, resident in North Vancouver, British Columbia whose address for service is c/o Cooper Litigation, 540 - 220 Cambie Street, Vancouver, British Columbia. 2. The Plaintiff was born in Mumbai, India on December 3, 1981, and moved to Toronto, Ontario around February 2004 and then to North Vancouver, British Columbia around September 2004. 3. The Defendant, Shiamak Davar, (the “Defendant Davar”) has a residence at [ED HER Sots Vancouver, British Columbia. The Defendant Davar also has a residence i i I 4. The Defendant Davar is a choreographer and dance performer and founder and operator of “The Shiamak Davar Dance Company”, a performing dance company, and “Shiamak Davar International”, an international dance academy. © The Defendant Davar’s website www.shiamak.com states, among other things, that “Shiamak Davar International” is the world’sbiggest dance academy operating across India, Canada, Australia, the UAE and the UK, and that “The Shiamak Davar Dance Company” is a dance troupe personally trained by the Defendant ‘and which travels globally with the Defendant “to take the varied colours and energy of Indian culture to international audiences”. ‘The Defendant Davar's website asserts thatthe Defendant Davat isthe “Guru of Contemporary Dance in India”. 5, The Defendant Davar's “Shiamak Davar International” dance scademy offers dance lasses at numerous locations throughout Vancouver, North Vancouver, Burnaby and Surrey. 6. The Defendant Davar isthe leader ofa spiritual group called VRRP Spiritual Learning. Among other things, the group believes that there is one god, that one needs to be a good person ‘on earth, and that one will undergo reincarnation, ‘The group's founder and inital leader, Ms. Khorshed Bhavnagri, purported to receive messages from her deceased two sons (Vispi and Ratoo) and later her husband (Rumi) whom she claimed were communicating to her from the spirit world and giving her and her associate, including the Defendant Davar, instructions. In 2007 Ms. Khorshed Bhavnagri died and the Defendant Davar suzeeeded her at loader of the spiritual group, 7. Around 1998, some members ofthe VRRP spiritual group moved from India to reside in a specific area of North Vancouver, initially under the leadership of Ms. Bhavnagr, and since 2007 under the leadership of the Defendant Davat, Defendant Davar’s Sexual Grooming of the Plaintiff 8, The PlaintifF joined the Defendant's dance classes in Mumbai, India when he was in high school, around 17 or 18 years old, ‘The dance classes were ata school founded and operated by Davar, called Shiamak Davar’s Institute ofthe Performing Arts (SDIPA). AC the time Davar was ‘the primary person for western dance in India and was a big name and a celebrity in Ind 9. Affer about a year the Plaintiff was selected to be a part of the dance company and shortly after beeame a core dancer at SDIPA. He was also asked to start teaching dance classesatthe school. After the Plaintiff was selected to the core company and started teaching classes bbe had more exposure tothe Defendant and attracted the Defendants attention. 10, ‘Theteafter and over a period of several months the Defendant began a grooming process to manipulate the Plaintiff into sexual submission. ‘The Defendant began to include the Plintft ina smaller group or clique of about 7 or so dancers, mostly male, within the core company. The Defendant spoke more to this group in classes and rehearsals than to the rest of the company, praising them and touching them including the Plaintiff in @ flirtatious way. This small group ‘was also in all the shows and performances with the Defendant and taught the dance classes at the school, 11, ‘The usual routine which the Plaintiff became part of was that at night after the rehearsals or shows had finished the Defendant would take the small group of 7 or so dancers out for coffee and teats at restaurants in 5 star hotels After that, on most nights, the Defendant would invite them over to his house to watch movies in his bedroom. The one or two gitls the group usually went home. The Defendant would put on a movie and close the door to his bedroom and lie on his bed wearing only his underwear. The Defendant would ask the boys including the Plaintiff ole in the bed with the Defendant ad stroke his body 12, At the time, the Plaintiff thought the Defendant's behaviour and interactions with him and the other boys inthe small group must be normal. From the time he joined the dance school hhe had seen the Defendant surrounded by a clique of boys and young men with whom the Defendant interacted physically. The Defendant ereated an environment in which his physical interactions with young male dancers and students became the norm, ‘The Plaintiff also thought that because the Defendant was a big name in dance in India and so well known that his behaviour had to be acceptable and correct, Defendant's Sexual Advances and Sexual Acts towards the Plaintiff: 13. This pattern of behaviour continued for several months. Then, in around mid-2001, the Defendant took his inner circle of dancers including the Plaintiff on a 3 or 4 day vacation to a beach house in Mandawa, afew hours away from Mumba, 44, While in Manda, the Defendant talked a lt about the spiritual group he was a follower of and very involved with. He talked about Ms. Bhavnagr’s books and exposed the Plaintiff 10 the group's ideas and belief. The Plaintiff was deferential to the Defendant's direction, He became intrigued with and was attracted to the group's underlying principles, and soon became & member ofthe sect, 15, The group's teachings include that there ae different spiritual levels. Every few months or so members ofthe group are assigned a numerical ranking by the leaders. A higher number or ranking means thatthe member i rising spiritually and a lower number means thatthe member is falling spiritually. Someone with a higher number has a higher spiritual level. 16, ‘The Defendant had a higher spiritual level in the group than the Plaintiff. The Defendants status inthe group made the Plaintiff want to please the Defendant to improve his spiritual standing. The Defendant would say tothe Plaintif“Darling if you listen to me and trust re then I will help you rise”. Ifa member did something that did not please the Defendant, then the member would receive a lower number and fall spiritually. ‘The Plaintiff tied to place the Defendant and not to do anything that would upset the Defendant or displease him, in oder that the Plaintiff would keep ‘rising’ spiritually, 17. In Mandawa, the Defendant increased his physieal interaction with his small clique of ‘male dancers including the Plaintiff, ‘The Defendant kissed the boys on their lips inthe presence of the Plaintiff, He frequently touched the Plaintiff and kissed him on the mouth. On one ‘occasion he kissed the Plaintiff and gave him a “hickey” on his neck (collectively, the “Sexual Advances"), ‘The Defendant told the Plaintiff not to tell anyone about the Sexual Advances 18, After the trip to Mandawa, the Defendant escalated his physical contact with the Plaintiff and his clique of male dancers and hi Defendant would invite the group to watch movies in his bedroom after shows and rehearsals. lie on the bed in his underwear and take Someone's hand including the Plaintiffs and teractions with them became more overtly sexual, The He would put it on his underwear over his penis and say “this is normal, see I am not getting aroused” ‘One time the Defendant asked one of the male dancers to suck his nipples “as if he were suckinghis gtliiend’s tits” and then took the Plaintf?s hand and put it on the Defendant's penis and said “make sure I don’t get hard” (the “Further Sexual Advances”) 19, At the time the PlaintitT chought the Defendant's behaviour including the Sexual Advances and Further Sexual Advances must be correct and did not question the Defendant's iff was deferential to and anxious to please the Defendant as his and guru and as someone whom the Plaintiff believed was “higher” than him actions or motives, The Pla spiritual adv spiritually, as well as being his respected dance instructor who was a celebrity in Indi, 20, The Plaintiff praduated from high schoo! around 2000 and over the next three years he ‘made numerous trips allover the world with the Defendant and his dance company, putting on shows and performances. When the Plaintiff was back in India he studied for a commerce degree ata college in Mumbai 21, Throughout this time period, on trips abroad and bsek in India, the Defendant continued to interact withthe Plaintiffin a physical and sexual way. Among other things the Defendant: (@) frequently kissed the Plaintiff on the mouth and touched the Plaintiff's body including his genitalia over top of his clothing; (©) showered in the Plaintiff's presence and asked the Plaintiff to hand him his towel ‘while making sexual jokes; (©) attempted to kiss another boy who resisted and the Defendant laughed it off and ‘tummed tothe Plait with his sexuality so ifyou ae to then you will lt me kiss you as well” ‘and kissed him on the mouth saying “Jimmy is comfortable (he “Sexual Demands”) 22, ‘The Defendant also displayed a possessive manner towards the Plaintiff. He appeared jealous ifthe Plaintiff went out with his college ftiends. When the Plaintiff started going out ‘with Ir, a female dancer in the Defendant's dance company, and she became his gilftiend the Defendant would offen tell her “Jimmy loves me more than you". The Defendant would alsofrequently say things to the Plaintiff like “You know I am number one in your life and then ‘comes your girlfriend” ‘Sexual, Financial and Spiritual Control of the Plaintiff by the Defendant: 23. The Plaintiff completed his commerce degree in Mumbai around May 2003, Around February 2004 the Defendant asked the Plaintiff fo go to Toronto, Canada to teach classes at the Defendant's dance school. The Plaintiff agreed. 24. In Toronto, the Defendant had partnered with a third party organization to handle the day to day operations and administration ofthe dance school for him as he was only in Toronto part of the time, The Plaintiff shared an apartment with the staff of the other organization. The Defendant's dance schoo! paid the rent for the apartment. ‘The Plaintlt was paid $8 per hour for teaching classes atthe Defendant's dance school. He was also given a food allowance of $200 per month. After a couple of months the Plaintiff observed that the partner organization appeared te misma reported his concems to the Defendant. ‘The Defendant decided to dissolve the partnership with the third party and to ran the Toronto dance school himself. The Defendant asked the Plaintiff 0 set up # new Toronto office for the Defendant's dance school and to assist the Defendant in wing the classes and administration of the dance school. The Plintt? setting up classes and rebranding the dance school. ‘The Plaintiff did so and did administrative and financial office work for the Defendant, He was not paid for his office work, 25, The Defendant then told the Plaintiff that he would bring him to Vancouver and the Plaintiff could work as an instructor atthe Defendants dance school in Vancouver, which at that time was called Dancing Lights Entertainment. The Plaintiff agreed and moved to Vancouver round September 2004, 26, After the Plaintiff arrived in Vancouver the Plaintiff was told that he could only teach on. average four hour long classes per week for $8 per hour, The Defendant told the Plaintiff that he should be grateful for the chance to be in Vancouver. The Plaintiff was also requited to work on 1 daily basis in the Defendant’s Vancouver office doing financial and administrative work andhelping to grow the Defendant's dance business in Vancouver. ‘The Plaintiff was not paid for his office work, 27. When the Plaintiff moved to Vancouver most of the members of the Defendant’ spiritual group VRRP Spiritual Learning were already living in Vancouver. They had been directed by the group's leader Ms. Bhavnagri to move from India to a specific area in North Vancouver, in order to avoid what the group believed was an imminent apocalypse. The Defendant had also relocated to North Vancouver as a group leader. The members of the group, which at that time ‘numbered about 70 of so all lived in a small area around Lonsdale in North Vancowver at the direction of Ms, Bhavnagri, ‘The Plaintif initially rented a room in a house owned by a group ‘member and then moved into the basement at the Defendant’s house. The Plaintiff attended regular weekly group meetings and continued tobe very involved withthe spiritual group. 28 The Defendant regularly travelled from Vancouver to Toronto, to India, and around the ‘world for his dance schools and performances. Whenever the Defendant was inthe same city as the Plaintiff, initially Toronto and then Vancouver, the Defendant continued to interact with the Plaintiff in the same physical and sexual way as he had in India, Among other things the Defendant (2) created a small core group or lique of mostly male dancers around him, 3s he had atthe dance school in India, and included the Plaintiff in this small groups (b) frequently kissed the Plaintiff on the mouth and touched the Plaintif’s body including his genitalia overtop of his clothing; (©) frequently touched the Plaintiff in a fliratious way in dance classes and rehearsals, (the “Further Sexual Demands”) 29, After the Plaintiff moved to Vancouver the Defendant also became much more spiritual and controlling of the Plaintiff than he had in India, using his position as a leader of the VRRP spiritual group to influence all aspects ofthe Plant's lie30, The spiritual group required its members to attend selfanalysis sessions with a group leader about once a month. At one such session about 6 months after the Plaintiff moved to Vancouver the Plaintiff was asked by a group leader if there was anything the Plaintiff did not like about the Defendant, The Plaintiff praised the Defendant but suid he didn't lke thatthe Defendant was not paying him forthe hours he worked in the Defendants office doing financial and administrative work, and also that the Defendant was paying his Indian danee instructors and ‘employees less than what they were reported to have been paid on government applications for foreign workers. After that, the Plaintiff was told by the Defendant and the other group leaders that he had to leave the spiritual group. He was immediately ostracised by all the group ‘members. The Defendant told the Plaintiff he had to move out ofthe Defendant's basement and removed the Plaintfas a dance instructor so he had no income from teaching. The Plaintiff was devastated by the Defendant's actions. 31. Several months later the Defendant approached the Plaintiff and told him that he was doing better spiritually, and that if the Plain apologized to everyone he might have hurt or wrongly influenced the he could come buck into the spisitual group. The Plain was confused as to whom he had wrongly influenced but defered to the Defendant as his spiritual leader, ‘Under the Defendant's direction the Plaintiff apologized to certain group members and ssid that hhe was wrong fo say anything negative about the Defendant or VRRP. He was then permitted to rejoin the group 32. Sometime after the Plaintiff was taken back into the group, the Plaintif's girlftend came out from India to study in Vancouver. She was also a member of the VRRP spiritual group. With the permission of the group leaders the Plaintiff and Ira moved into a house together. Later that year the Plant's brother, also a member ofthe group, came to Vancouver and with the permission ofthe group leaders moved into the house with the Plaintiff and Ira. 33, After Ira moved to Vancouver, the Defendant took steps to separate the Plaintiff from his pitlfviend and to try to strengthen the bond between the Plaintiff and the Defendant. The Defendant would tell the Plaintiff that tra was not right for him and that the Defendant understood him better than Tra. Sometimes he would say thatthe Plaintiff cared more about Ira‘than him, and he would act upset. All ofthis was very confusing and stessful forthe Plant. He was aftad that i he displeased the Defendant in some way then the Defendant would have the Plaintiff thrown out ofthe spiritual group again, The Plaintiff did not want to experience that ‘again, 34, Other spittual group leaders with whom the Defendant was in regular contact would also tell the Plaintiff that his givftiend was influencing him wrongly and that he was falling spiritually and impressed upon him that he should break up with her. Fearful of displeasing the Defendant and aftaid he would be thrown out ofthe spiritual group again, the Plaintiff eventually broke up with his girlitend, She was immediately ostracised by all members ofthe group was not permitted by the group leaders to continue living in the house with the PlaintifT and his brother Final Sexual Incident 35. After the Plaintiff broke up with Ira he had one final physical encounter with the Defendant, sometime in early 2008. The Plaintiff was alone in a room withthe Defendant in the basement of the Defendant’s house, The Defendant brought out a massage instrument. He began to use it over the Plaintiff's clothing on his genitals. He attempted to masturbate the Plaintiff while telling him not to get aroused (“the Final Sexual Incident"). At that point another person eame down the stairs towards the room and the Defendant stopped what he was doing. ‘The Plaintiff left immediately. He thought the situation was wrong and in his mind questioned the Defendant's motives and behaviour Plaintiff leaves VRRP Spiritual Group 36. After the Defendant and the group leaders threw Ira out of the spiritual group the Plaintiff ‘began to question in his own mind the teachings ofthe Defendant and the spiritual group. He ‘thought the treatment of Ira was wrong, and not at all spiritual. He stopped going to the monthly selfanalysis sessions and only occasionally attended group meetings. Around the beginning of 2007 the Plaintiff told the Defendant that he was leaving the group. The Defendant told the Plaintiff not to leave the group but to take a break from it for a while 1037, The Final Sexual Incident with the Defendant in 2008 was the last straw forthe Paint. He left the spiritual group for good. 38 Afler the Plaintiff left the group he eventually reconciled with Ira in 2008, about 18 ‘months after she was thrown out of the spiritual group. They subsequently married. 39. Around the summer of 2008, after the Plaintiff reconciled with Ira, the Defendant approached the Plaintiff and Ira asking them to rejoin the spiritual group. The Defendant said that he was leading the group and that the Plain and Ira would be welcomed back. They refused. A few days later the Defendant telephoned the Plaintiff and asked the Plaintiff to come to see him alone. ‘The Plaintiff met the Defendant and the Defendant once again asked him to rejoin the spiritual group. The Plaintiff refused and told the Defendant not to discuss the Plaintiff or Ira with other members ofthe group, including the Plaintiff's mother and brother who ‘were still members. 40. The Defendant continues to exert influence aver the Plaintif's rather wha remains in the spiritual group. The Plaintiff recently disclosed to his brother why he left the spiritual group tnd the physical abuses he suffered from the Defendant, The Defendant persuaded the Plaintit?'s brother that he was innocent of the accusations and thatthe Plaintiff was making them up. This has resulted in an estrangement between the brothers and their families and ereated stresses in the Plaintf?'s relationship with his parents and particularly with his mother. 41, Asa result ofthe Defendant’s sexual exploitation and/or sexual assaults the Plant has suffered psychological injury and damage and, without limiting the generality of the foregoing: (a) ehas had difficulty entering into adult sexual relationships; (©) he has difficulty with people in positions of authority: (©) heis distrustful and apprehensive of religious leaders; (@) his relationship with his girlfiend was undermined and destroyed for a period of n2. (©) his relationship with his parents and with his brother has been undermined (0) hehas anxiety about the safety and security oFhis own children; (@) be has had difficulty forming close relationships: (b) he has suffered from a continuing sense of guilt, and humilition and ‘embarrassment; (heh suffered from an inability to express emotions; and )_ehas suffered from feelings of lack of self-worth and low self-esteem and fear of ‘The Plaintiff has and will continue to incur expenses in obtaining proper psychiatric and psychological counselling and treatment, 4 ‘Asa result ofthe injuries refered to in paragraph 41 the PlaintifT has: (@) foregone educational and career opportunities; (©) suffered loss of employment income; and (©) suffered loss of enjoyment of lite PART 2: RELIEF SOUGHT 1 ‘The Plain seeks: (@) general damages; (b) aggravated damages; (©) punitive damages; (@) special damages; (©) loss of past earnings;(® oss of future earning capacity: (@) recovery of past and future costs of health care services atibutable to the sexual exploitation and/or sexual assaults; () costs; and ()__imterest pursuant tothe Court Order Interest Act, RSBC 1996 ¢. 79 PART3: LEGAL BASIS 1. The Defendant was the Plaintif’s teacher, employer and spiritual advisor and was trusted by the Plait 2. As such, the Defendant had a position of power and authority over the Plaintiff and had control over all aspects of the Plaintiffs life including personal, professional, financial and spiritual. 3. The Sexual Advances, Further Sexual Advances, Sexual Demands, Further Sexual Demands and the Final Sexual Incident (collectively, the “Sexual Acts") were sexual assaults perpetrated by the Defendant's manipulation and abuse of power and authority, without the PlaintfP's consent. 4, Alternatively, the Plaintiff's consent to the Sexual Acts was not meaningful and was licited by the exploitation of power and trust arising from the Defendant's position and authority as the Plaintiff's teacher, employer and spiritual teacher and advisor, which authority the Defendant used to get the Plaintiff to submit to his sexual demands and the Sexual Acts, 5. The factors giving rise to aggravated damages are: (@) the Defendant used his position as teacher and spiritual advisor to manipulate the Plaintiff into submiting to the Sexual Acts; (©) the Defendant abused his authority as a spiritual advisor for the purpose of furthering his own sexual desires; and B(©) the Defendant has disparaged the Plaintiff to his family and to the commu the purpose of covering up his own sexual misconduct. for 6. The Plaintiff claims for the recovery of the past and future cost of health care services ateibutable tothe sexual assaults, pursuant to the Health Care Casts Recovery Act, SBC 2008, ¢ 21. 7. The Plaintiff seeks costs pursuant to Rule 14.1 ofthe Supreme Court Rules PLAINTIFF'S ADDRESS FOR SERVICE: Adress for service: Cooper Litigat ‘540 - 220 Cambie Street ‘Vancouver, BC V6B 29 Attent Robert W. Cooper mail address for service: reooper@eooperitigation.ca DATED: May 6,2015, Rule 7-1 (1) ofthe Supreme Court Civil Rules states: 1, Unlessall parties of record consent or the court otherwise orders, each party ofreord 10 an action must, within 35 days after the end of the pleading period, (@) prepare alist of documents in Form 22 that lists (@ all documents that are or have been in the party’s possession or contol and that could, if available, be used by any party at trial to prove or disprove a smateril fact, and Gi) all other documents to which the party intends o refer at tral, and (b) serve the list on all parties of record, “ENDORSEMENT ON ORIGINATING PLEADING OR PETITION FOR SERVICE OUTSIDE BRITISH COLUMBIA ‘The Ptaintf, Jimmy Nowzer Misty, claims the right to serve this pleading on the Defendant, ‘Shiamak Davar, outside British Columbia on the grounds that it concems & tort committed in British Columbia 15APPENDIX PART 1: CONCISE SUMMARY OF NATURE OF CLAIM: 1. Damages for sexual assault PART2: THIS CLAIM ARISES FROM THE FOLLOWING: A personal injury arising out of; u u bs A dispute concerning: u u u u 0 0 0 0 u 0 a motor vehicle accident ‘medical malpractice another cause contaminated sites construction defects real property (teal estate) personal property {he provision of goods or services or other general commercial mates investment losses the lending of money ‘an employment relationship will or other issues conceming the probate ofan estate ‘matter not listed here PART 3: THIS CLAIM INVOLVES: 0 u u u class action ‘maritime law aboriginal law constitutional law 16PART 4: LU conflict of avs fx] none ofthe above {donot know ENACTMENTS ”