A lawsuit filed last month against Waterloo Regional Police Service says Kayla Duff-Foley's death could have been prevented if police had taken her mother's threats seriously and been trained to respond to mental health calls appropriately in the month leading up to Sept. 11, 2020.
That was when police allege Kayla was stabbed repeatedly by her mother, Melissa Duff-Shore, at the Queen Street West townhouse they shared.
Three years after the death shocked that Hespeler neighbourhood, Kayla's sister Samantha Duff-Foley and grandmother Joni Duff are suing Waterloo Regional Police Service, the police service board and Waterloo Region Public Health and Emergency Services, over what they claim was gross negligence made evident in two 911 calls made by Duff-Shore three weeks prior to the homicide.
Those calls were heard during criminal proceedings against Duff-Shore on her second-degree murder trial in February. The status of those court proceedings weren't immediately known.
In a statement of claim filed on Aug. 24 with the Ontario Superior Court of Justice in Milton, the plaintiffs seek $600,000 in damages, including $200,000 for mental distress, special damages for loss of income and expenses, aggravated damages of $200,000 and $100,000 punitive damages.
Samantha says she enjoyed a close and loving relationship with her older sister Kayla and was dependent on her for care, guidance and companionship.
Likewise, Kayla's grandmother Joni, who resides in Moncton, NB, enjoyed a close and loving relationship with her first grandchild and was dependent on her for care, guidance and companionship.
The claim says that sometime between Aug. 17 and Aug. 20, "the exact dates are unknown," Melissa Duff-Shore called 911 while "suffering from a mental health crisis/acute emotional disturbance including homicidal ideation."
In the course of the first call to 911, Duff Shore advised the 911 dispatcher that she was having thoughts of harming her daughter, "asked to be removed from the home and asked for medical help."
The claim says Waterloo regional police officers and paramedics attended the home the mother and daughter shared at Unit 58 of 182 Queen St. W.
Following a brief conversation with Melissa Duff Shore, police and EMS "left without taking Melissa for a psychiatric assessment, and without initiating
any calls or referrals to a Mobile Crisis Intervention Team, physician or mental health worker," reads the statement of claim.
"Essentially, the Waterloo Police and /or EMS talked Melissa Duff Shore out of leaving her home despite her verbalized homicidal ideation."
The next day, Duff Shore called 911 again, asking for medical assistance and asking to be removed from the home as she was having thoughts of harming her daughter.
"On this 911 call Melissa told the 911 operator that she had called yesterday and that the Waterloo Police officers and/or EMS who attended her home talked her out of leaving the home."
Police and paramedics returned to the home again, spoke to the mom and Kayla, "who indicated that she did not know why the police where there and that she did
not have any fights or arguments with her mother."
Once again, the statement reads, police and paramedics left without initiating any calls or referrals to a Mobile Crisis Intervention Team, physician or mental health worker and without removing her from the home "despite her repeated pleas for help and despite her repeated indications that she was having thoughts of harming her daughter, whom she lived with."
On September 10, 2020, sometime before 1 p.m. Duff Shore is alleged to have stabbed Kayla repeatedly.
Duff Shore called 911 on Sept. 11, 2020, and reported the killing and the death of Kayla. Kayla was found and pronounced dead on Sept. 11, 2020.
"It is unknown at the time of issuing the claim, for how long Kayla suffered before succumbing to her injuries. The criminal matter is still before the courts."
The lawsuit claims the defendants "failed to exercise their powers under the domestic violence mandate and programs and failed to remove Melissa Duff Shore
from the home she shared with her daughter in light of the homicidal ideation she expressed having and she recognized she was having and she sought medical help for."
"The defendants improperly investigated whether Melissa Duff Shore posed a danger to herself and her daughter, this improper investigation resulted in Melissa Duff Shore remaining in the home she shared with her daughter where she had access and the ability to harm her daughter, the late Kayla Duff-Foley," reads the claim.
The plaintiffs have asked that any hearing in the civil matter take place in Milton Superior Court of Justice.
None of the claims have been proven in court and a statement of defence has not been filed.
Contacted Thursday, a spokesperson for Waterloo Regional Police Service said they had not yet been served with the lawsuit and wouldn't be able to comment on it.
