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Cheryl Braithwaite is a 64 year old woman currently residing in a rented apartment. She has two siblings, Kenneth Floyd Kuhn (brother) and Penny Beggs (sister). Cheryl’s mother is Evelyn Mary Kuhn.

Cheryl has been involved in multiple motor vehicle accidents in the past and as a result, has been diagnosed with severe chronic mood disorder with depressive features, insomnia, chronic PTSD, traumatic brain injury and post concussion syndrome.

These motor vehicle accidents resulted in lengthy litigation for tort and accident benefit claims. In 1998, Cheryl was found to be in need of a litigation guardian. The court appointed the PGT to act on her behalf. The litigation culminated in a $1,000,000 settlement in 2017.

On September 14, 2020, Cheryl’s brother, Kenneth Kuhn brought a claim against her and the PGT seeking compensation under the Substitute Decisions Act 1992, for his service pursuant to a continuing power of attorney for property for the period and a power of attorney for personal care. He also claimed for unjust enrichment and breach of contract.

On May 28, 2021, the Plaintiff submitted a Fresh as Amended Statement of claim which drops the action against the PGT, leaving Cheryl as the sole defendant. Furthermore, the amended claim now seeks $100,000 in damages for defamation, alienation, intentional interference with economic relations, intentional infliction of mental suffering and unjust enrichment.

Mr. Kuhn’s grounds for these torts are outlined in paragraphs 33 to 38 of the Fresh as Amended Statement of Claim. He alleges that as a result of his lawsuit, Cheryl began a “campaign of slander and defamation against [him] toward inter alia their mutual family members for the purpose of harming Mr. Kohn’s reputation, inducing the [their] mother, Evelyn Mary Kohn, to remove Mr. Kuhn as a beneficiary from her will.” He suggests Cheryl did this by telling her mother and sister that the claim was frivolous and vexatious in order to “rip her off” and by telling others that Mr. Kuhn is a person of low character.
     
 
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