Question and Answer 991
Letter to Law Firm from Kenneth W. Golish

February 18, 2000      

Ms. _________
Windsor, Ont.

Dear Ms. _________:

Re: _________ and _________Recovery of Civil Damages/Our Case Number

We are legal counsel for _________Inc.(the "Retailer").  It is alleged that on _________, 1999, you took unlawful possession of merchandise from the Retailer's premises located at _________, Windsor, ON.  The Retailer takes the position that it has the right to claim damages from you as a result of such action based on, inter alia, trespass to goods, trespass to the Retailer's premises, and conversion.  The Retailer's right of civil recovery is separate and distinct from any criminal proceedings which may be instituted against you.

The Retailer is prepared to settle its claim for civil damages against you in return for a payment of $325.00 (the "Settlement Amount"), received on or before _________, 2000.  If this amount is not paid, we have been instructed to commence legal proceedings against you before a civil court, for all damages, plus interest, legal expenses, and other administrative costs incurred by the Retailer in connection with this matter.  These latter amounts will increase if payment is not made by the noted date.

Payment is to be made by cheque or money order, made payable to "Civil Recovery", on behalf of the Retailer, with your name and the above case number noted thereon.  The payment should be sent in the enclosed postage paid envelope or to the following address: _________

We have been advised that Canadian retailers estimate shoplifting amounts to an annual expense exceeding $4.0 billion.  The cost incurred by retailers includes the cost of apprehension, documentation and inventory control, and loss of sales opportunities.  Experience indicates that pursuing shoplifters for such losses reduces the number of shoplifting incidents, resulting in savings which can then be passed on to consumers.  The claiming of civil damages was recently affirmed by the Divisional Court in Hudson's Bay v. White.

Any questions in regard to this matter are to be made in writing, and addressed to the undersigned.

Yours truly,