UBrZi2u18 13:18 Lastie & Associates COURT FILE NUMBER COURT JUDICIAL CENTRE PLAINTIFFS DEFENDANTS DOCUMENT ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT NOTICE TO DEFENDANT(S) (Fans 269 2217 P.0021014 a COURT OF QUEEN'S BENCH OF ALBERTA LETHBRIDGE OLIVIA C. ALEXANDER, ALANNAH. L. JENSEN, CHELSEA J. KASPRICK and BRITTNEY E. SAWYER THE GOVERNORS OF THE UNIVERSITY OF LETHBRIDGE, KENNETH MCINNES and MICHELLE JANUS STATEMENT OF CLAIM Castle & Associates, Barristers & Solicitors 302, 221 10th Avenue SE, Calgary, AB T2G 0V9 Attention: Diann P. Castle & Jillian M. Hegberg Telephone: 403-285-3403 / Fax: 403-269-3217 File No. 12586000DPC/ Box #5 ‘You are being sued. You are a defendant. Go to the end of this document to see what you can do and when you must do it. Note: State below only facts and not evidence (Rule 13.6) Statement of facts relied on: PARTIES: 1. The Plaintiff, Olivia C. Alexander (hereinafter known as “Olivia’) is an individual who resides in the City of Victoria, in the Province of British Columbia. Olivia was bor on January 23, 1998 and is presently 20 years old. Olivia played on the University of Lethbridge Women's Hockey Team (hereinafter known as "the Pronghorns’) from August 2016 to April 2018 in the position of forward and was a student at the University of Lethbridge at all material times. 2. The Plaintiff, Alannah L. Jensen (hereinafter known as “Alannah’) is an individual who resides in the City of Calgary, in the Province of Alberta. Alannah was bom on July 15, 1993 and is presently 25 years old. Alannah is a student at the University of08/21/2018 13:18 Castle & Associates (Fax e083 269.3217 P.003/014 Lethbridge and has played on the Pronghorns since August 2016 to the current date in the position of defence, 3. The Plaintiff, Chelsea J. Kasprick (hereinafter known as “Chelsea’) is an individual who resides in the City of Lethbridge, in the Province of Alberta. Chelsea was born June 20, 1994 and is presently 24 years old. Chelsea was a student at the University of Lethbridge at all material times and played on the Pronghoms from August 2015 to April 2017 as a forward. 4. The Plaintiff, Brittney E. Sawyer (hereinafter known as “Brittney”) is an individual who resides in the City of Calgary, in the Province of Alberta. Brittney was bom on March 13, 1996 and is currently 22 years old. Brittney is currently a student at the \ University of Lethbridge and played on the Pronghorns from August 2014 to April 2016 as a forward. 5. The Defendant, the University of Lethbridge (hereinafter known as the “University") is a recognized University by the Post-Secondary Learning Act, SA 2003, ¢ P-19.5 and is both publically and privately funded. At all material times the University is and was vicariously liable for the conduct, representatives, omissions and/or negligence ofits’ employees, agents, servants and contractors. 6, The Defendant, Kenneth McInnes (hereinafter known as “McInnes’) is an individual who resides in the City of Lethbridge, in the Province of Alberta. Mcinnes is employed by the University of Lethbridge as the Athletic Director of the varsity sports programs since July 6, 2015 and is and was at all material times vicariously liable for the conduct, representatives, omissions and/or negligence of any individual who had any involvement with the University of Lethbridge varsity sports teams. 7. The Defendant, Michelle Janus (hereinafter known as “Janus") is an individual who resides in the City of Lethbridge, in the Province of Alberta. Janus is and has been employed/contracted by the University of Lethbridge as the Women's Pronghorns Hockey Coach since July of 2015. Janus reports directly to Mcinnes with any matters related to her team. BACKGROUND 8, Olivia played on the Pronghorns from August 2016 to April 2018 and during this time she was subjected to the harassing and demeaning conduct, representations, omission and/or negligence of Molnnis and Janus as follows: a) On January 9, 2016 Olivia was asked by Janus and McInnes to vote on whether her teammate Cora Place should be allowed to continue to play on the Pronghorns because she had attempted suicide in October 2016; b) Janus told Olivia that when she would look at her in the dressing room, over the two season she spent with the team, Olivia looked like Cora Place, suicidal and disengaged;08/21/2018 13:18 Castle & Associates (Favs 269 3217 P.00a/014 ©) Olivia watched her teammate Isabel Johnson be bullied by certain members of her team. During the 2016-2017 season players harassed Isabel Johnson for her personal life constantly calling her a “slut” and making fun of her style on and off the ice. Players dressed up like Johnson (in fishbowls attached to their helmets instead of their cages like they normally wore) and mimicked her during a practice. They received no punishment. Janus saw this during practice but when confronted and asked if certain players would be punished for their conduct she claimed she knew nothing about the incident notwithstanding that she had watched it; d) Olivia was subjected to a fine jar where her and her teammates could be fined for their personal lives and sexual history when it was only set up for breaking team rules. Notwithstanding Janus and Mclnnes were aware of the jar and the fines they took no steps to stop it or take it away and Janus even participated in it; e) Olivia complained to both Janus and Mcinnis in April 2018 that the team culture was affecting her mental health. Both parties advised her to “get a counsellor’, told her “lfe isn’t fair and “you are mentally unstable"; f) Olivia was constantly subjected to Janus making abusive remarks. Janus berated her players, the officials and the opponents during Olivia's time with the team from August 2016 — April 2018: () —Affer a loss in Saskatchewan (January 5-6, 2018) she called the team “Fucking Pussies"; (i) After losses Janus on several occasions during the 2017-2018 season as, part of her normal conduct called the team “pathetic and useless", (i) On the bench during games Janus constantly insulted her players making statements like “fuck that’s pathetic’, “what the fuck is she doing” and “get your head out of your ass”; (iv) Janus swears at the officials almost every game when questioning their calls; (v) Janus calls opposition team “fucking pathetic” (Mount Royal, University of Calgary); @) Olivia has been ignored and not responded to by Janus as she refuses to answer questions, puts do not disturb signs on her office door and refuses to discuss Olivia’s performance; h) Olivia has been subject to Janus throwing water bottles, breaking equipment and punching walls and doors; and |) Olivia had her hockey equipment removed from the dressing room by Janus in April 2018 before she had quit the team when other team members were allowed to keep their equipment notwithstanding they were also leaving. 9. Alannah has played on the Pronghorns since August 2016 and has and continues to be subjected to the harassing and demeaning conduct, representations, omission and/or negligence of Mclnnis and Janus as follows: a) On January 9, 2016 Alannah was asked to vote by Janus and Mcinnes on whether her teammate Cora Place should be allowed to continue to play on the Pronghorns because she had attempted suicide in October 2016;