The mother of a man who died while in Ontario Provincial Police custody at the South Wellington Operations Centre in Rockwood two years ago has filed a $3.7 million wrongful death lawsuit against the province and several police officers, alleging her son’s death was preventable. Faye Gaines, formerly Faye Dzikewich, filed the statement of claim in Kitchener Superior Court on July 10. “It was filed on the exact date of his death, July 10th,” Gaines told CTV News, referring to her son, Nathaniel Schofield. “That was the two-year mark.” The allegations in the lawsuit have not been proven in court. “It’s kind of like being in a movie and I’ve been in an ongoing cliffhanger in numerous ways,” Gaines said. The lawsuit follows formal complaints made by Gaines to Ontario’s Law Enforcement Complaints Agency and a Special Investigations Unit probe that cleared officers of wrongdoing. “My son was neglected, and the neglect caused his death,” Gaines said. “He could have easily been saved that night.” The statement of claim names the province, four OPP members and several unidentified officers and civilian employees. It seeks $3 million in general damages for negligence and wrongful death, $200,000 in Charter damages, $500,000 in aggravated and punitive damages as well as additional damages under Ontario’s Family Law Act. According to the lawsuit, Schofield was arrested on July 9, 2024, in connection with an alleged domestic incident in Arthur. He was transferred to the South Wellington Operations Centre in Rockwood to await a bail hearing. The claim alleges Schofield told officers he had recently used fentanyl, methamphetamine and cocaine and expected to experience withdrawal symptoms. It further alleges officers knew, or ought to have known, he was at an increased risk of suffering a medical emergency while in custody. “They had hours and hours and hours, and they had information from him directly that could have saved him,” Gaines said. “They’re trained in CPR. He was not given CPR by anybody.” The lawsuit alleges Schofield’s condition deteriorated overnight and that officers failed to obtain timely medical treatment before he suffered a medical emergency in his cell on the morning of July 10, 2024. He was taken to Guelph General Hospital, where he was pronounced dead. The statement of claim also alleges broader systemic failures, including inadequate policies, training and supervision for caring for prisoners experiencing drug withdrawal, and claims Schofield’s Charter rights were violated. “We need what I’m calling A-C-A-C: answers, change, accountability, consequences,” Gaines said. In a statement to CTV News, the OPP confirmed it has received the statement of claim. “As the matter may be subject to legal proceedings, and out of respect for the judicial process, the OPP will not be providing further comment at this time,” a statement from the OPP reads. For Gaines, the lawsuit is about more than seeking damages. She said she hopes it provides answers about what happened to her son and leads to changes that could prevent another family from experiencing a similar loss. “I won’t stop. I promise that,” Gaines said. “And here I am two years later, still fighting for him.” It is not yet clear whether statements of defence have been filed in the case.
