London police face $3.9M lawsuit in fatal shooting of Sarnia tennis pro

The mother of a Sarnia man who was fatally shot by a London police officer two years ago is launching a $3.9-million lawsuit against London police, alleging police arrested her son without reasonable grounds and shot him “point blank” without justification.

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Justin Bourassa, 29, died on Oct. 28, 2021after officers responding around 3:45 am to a reported break-in involving three men near John and Mill streets followed the Sarnia tennis pro into a nearby Richmond Row alley and detained him.

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Two officers, mistakenly believing Bourassa was one of the suspects, tried to handcuff him, but he resisted and put one officer in a “rear-naked chokehold” for 45 to 60 seconds, prompting the other officer to fire one shot into Bourassa’s neck at close range, according to a report by the Special Investigations Unit that cleared the officer of any wrongdoing.

Lorraine Bourassa has filed a notice of action alleging the officers arrested her son without reasonable grounds and didn’t try to use any non-lethal force before shooting him.

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“Justin was not involved in the incident that led to the LPS response. He had no weapons and no alcohol or other drugs in his system. He was simply in the wrong place at the wrong time,” says the notice of action recently filed at the London courthouse.

The document – ​​a court filing a plaintiff serves prior to the limitation period for launching a civil lawsuit – alleges Bourassa was arrested without reasonable grounds and questions the claim made by the officer, the sole witness to the fatal encounter, about the chokehold.

“There is no video footage of the incident, as the LPS does not use body cameras or cameras in police vehicles,” the notice alleges. “The SIU obtained the subject officer’s photo evidence and medical records, neither of which provided any evidence of injury to the officer’s neck.”

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Notices of action, similar to statements of claim and statements of defense, contain allegations that haven’t been tested in court.

The SIU’s report, released in June 2022said Bourassa’s gunshot wound had soot around it, suggesting the barrel of the officer’s Glock pistol was touching Bourassa’s clothing when the fatal shot was fired.

The subject officer, who didn’t speak to SIU investigators or turn over a copy of his notes, as is his legal right, didn’t appear to use his pepper spray, stun gun, baton or physical force before firing his gun, the SIU said.

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An internal police investigation determined the officer who shot Bourassa – one of three people killed by London police gunfire since 2016 –acted to protect his partner’s life and didn’t violate any police procedures.

Neither the SIU nor police have released the identity of the officer, but the Free Press previously reported he also shot a knife-wielding man three months before Bourassa was killed. The watchdog later cleared the officer, whose name The Free Press isn’t publishing because he hasn’t been charged, of any wrongdoing in the July 27, 2021, shooting that seriously injured the man.

Lorraine Bourassa’s notice of action lists the London police board, former chief Steve Williams, Chief Thai Truong and two unnamed officers as defendants.

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“The London Police Service has not yet been served with the notice of action and has been made aware of it as a result of a media request for comment,” police said in a statement Wednesday.

“Notwithstanding, Mr. Bourassa’s death was investigated by the Special Investigations Unit which determined that no reasonable grounds exist to believe that any LPS officer committed a criminal offense. The LPS maintains that its officers acted lawfully in their interactions with Mr. Bourassa. Any further response regarding this matter will be provided by way of legal pleadings.”

Bourassa, who had three sisters, was a 2014 graduate of Lambton College’s massage therapy program and a longtime Sarnia Tennis Club member, competitive player and instructor. Last year, Lorraine and her recently deceased husband, Jean-Marc, started Love-All, the Justin Bourassa memorial fund, to offer $10,000 in scholarships to young athletes.

Jean-Marc Bourassa, a veterinarian and co-owner of Blue Cross Animal Hospital, died on March 26, at age 66, according to his obituary.

“As will be pleaded with greater particularity in the statement of claim, Mrs. Bourassa claims Family Law Act damages for the loss of Justin’s guidance, care, and companionship,” the notice of action says.

Lawyers for Lorraine Bourassa didn’t respond to a request for comment Wednesday.

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