There is one name that many lawyers who defend shoplifters across Canada know.Sometimes they say the name reluctantly, because they know a B.C. lawyer was disciplined after calling him out.Others say the name knowingly. They’ve seen it on hundreds of letters that are routinely sent to accused shoplifters on behalf of major retailers.These “demand letters” seek hundreds of dollars in punitive damages, regardless of whether the stolen items are recovered or no charges are laid. In cases involving minors, the letters are often sent to a parent.Paul Genua, a Toronto criminal lawyer, likens the practice to extortion because the demand letters threaten legal action if the recipient doesn’t pay, but he says a retailer would never take the person to court.“First of all, you didn’t get away with the theft because they’ve caught you. So they’re never going to get any damages (in court),” he says. “The damages aren’t worth what the legal fees will be. It so far outweighs it that it’s not worth it.”And Mark Zinck, another Toronto-based criminal lawyer, says he has told well over 1,000 people to ignore the letters and not one of his clients has been sued.Yet the letters persist, some of them citing a 1997 lawsuit brought by Hudson’s Bay against a man who was caught stealing $200 worth of gloves. A judge awarded $100 in damages — not for shoplifting but for trespassing — and the judgment was upheld and increased to $300 on appeal.Retailers defend the letters as a way to extract speedy retribution and recover some of the $4.67 billion in annual losses.Although thousands of Canadians are accused of shoplifting every year, it’s hard to know exactly how many letters are sent and how many people pay the fees.Many of the letters originate from a single sender — Toronto lawyer Patrick K. Martin. Mary is sitting in the living room of her Toronto home, clutching letters with Mar ...
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