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JURY POLL
Nine-year-old case of alleged stolen toonie by Tim Hortons worker delayed again
DATE: May 14, 03:20 PM
THE CANADIAN PRESS
TORONTO — A pregnant woman fired from a Toronto Tim Hortons store in 1999 for allegedly stealing a toonie has had her day in court delayed again.
The Ontario Court of Appeal was set today to hear Charlene Walsh’s civil case seeking $10 million, but her lawyer sought an adjournment, delaying the case until Friday morning.
Lawyer Ernest Guiste first had his motion to adjourn the case rejected, but he then told the panel of judges that the stress he felt after hearing their decision left him unable to continue arguing his case.
Lawyer David Shiller, who represents the franchise owner of the Tim Hortons outlet named in the suit, says he’s disappointed the case has been delayed again, even if it’s only for two more days.
He says the case is based on frivolous allegations that should have went to small claims court rather than the province’s Superior Court of Justice.
Shiller says the unproven allegations have unfairly maligned his clients.
Walsh was fired from the Tim Hortons she worked at in June 1999, when she was seven months pregnant.
The franchise managers and owner alleged she stole the $2 coin, but Walsh has maintained she earned the money in tips.
Police charged Walsh with theft under $5,000, although the Crown later withdrew the charge.
She sued the franchise owner and Toronto police, but a jury dismissed the suit in 2006.
Guiste said the Tim Hortons franchise where Walsh worked had a practice of providing free product to police, and the officer who charged her even admitted to accepting free coffee.
He alleged that police laid the charge against Walsh in exchange for the years of freebies they received.
Guiste said Walsh is not doing well today, nine years after she was fired.
She worked at various jobs after her dismissal, but is now on disability and has a brain tumour. It’s not malignant, but it still must be removed, Guiste said.
Last week, single mom Nicole Lilliman was fired from a Tim Hortons outlet in London, Ont., for giving away a Timbit to a baby.
Although she was hastily reinstated when the doughy dilemma hit the news, she said she’ll look for work elsewhere.
