(COURT FILE NUMBER, court JUDICIAL CENTRE PLAINTIFFS: DEFENDANTS ocuMENT true 3.25) ‘COURT OF QUEEN'S BENCH OF ALBERTA EDMONTON KERRY TOEWS, TODD TOEWS ard HER MAJESTY THE QUEEN IN RIGHT OF ALBERTA FIRST CHOICE CANADA INC. operating undor the luade namet SIGNATURE VACATIONS and SELLOFFYACATIONS COM, SIGNATURE VACATIONS, SELLOFFVACATIONS COM, PALLADIUM VALLARTA RESORT & SPA FIESTA HOTEL GROUP RESORTS FIESTA BAVARO HOTELS, S.A, PUNTA MITA SERVICIOSS.C, ABCLTB, STATEMENT OF CLAIM ADDRESS FOR SERVICE AND Cea, Barristers Solctors CONTAGTINFORMATION OF 2500, 10155~ 102 Steet PARTY FILING THIS DOCUMENT Eemonton, Alberta, 754 468 ATTENTION, awn Pentelechu, 0. TTelephore: 780-917-8804 Fay 760-428-1222 Fle: 31-80412 NOTICE TO DEFENDANTS: 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 ‘Statomont of facts relied on: 1. The Plants are husband and wile and reside in the City of Edmanton in the Province of Alberta, The Defendant First Choice Canada Inc 1s 2 federal company which operates holiday ‘and travel services in Alberta, Fst Choice Canada Inc, registered extra provincally inthe Province of Alberta, operates under the registered tade names of Signature Vacations and Selotvacations com. These Defendants are collectively caled "SV" ‘The Paladum Valleria Resort & Spa (the Reson} is an all inclusive resort located in Puerto Valana, Mexico, The Resor: is owned, inensed and operated fy the Defendant Punta Mita Servicios S.G., a corporation registered on or about Juno 21, 2004 inthe City of Suceriag, Nayarit, Mexico. Im the altemative, the Resort is owned, licensed and operated by the Defendant ABC us. “The Resorts part of a group of hotels known as Fiosts Hotel Group Resorts of Spain ‘The Defendant Fiesta Hotel Group Resorts i owned and operated by the Defendant Festa Bavero Hotels, S.A ‘The Defendants Fiesta Hotel Group Reson, Fiesta Bévero Hotel, SA., Punta Mita Servicios SC. and ABC Lid, ere collectively called “the Resert onner’, The Resort end Resort owner conduct business in Abert, by marketing and promoting the Resort and ther resots and hotels owned by the Reser owner, through newspaper advertisements, online web sites and Alberta travel agencies At all material times, SV acted as agent forthe Resort and Resort owners, (On oF abou January 14, 2009, in: tEdmonton, Alberta, the Plants entered into a Contract with SV. for TE-purchase of an ail inclusive holiday package at the Resort ‘commencing February 7, 2009 (the agreemert), The agreement included, among other tems, celurn airfare from Ecmonton, Alberts to Puerto Vallarta, Mexico and 7 rights1 12 13. 14 ‘accomadation at the Resort ina superior room for the Plaintifs and their two daughters. 5.V. was paid by the Paintifs for the cost ofthis haFday package. ‘twas an express tem ofthe agreement between SV and the Plantifs thatthe law to be ‘applied regarding any cispute, controversy or cisim arising out of oF in relation to ‘services purchased by the Plants is Alberta Law. (On February 7, 2009, the Plaintiffs an their two daughters arrived in Puerto Vallarta and registerod a: guests atthe Resort. (On the evening of February 9, 2009, the Paitifs and thle daughters returned to their hotel room at the Resort having epent the dey at the beach. The Plainlif Kerry Toews retrieved a water botle from the mini ffidge in thei room. The bottle appeared to contain water but infact contained a highly caustic and extremely alkaline substance lf by the hotel cleaning staf. Immediately yon ingesting the substance the Plalatif Kerry Toews experianced extreme burning inher mouth and troat creating 2 ie theatoning medica! ‘emergency. It was an implied or express term of the agreement that the Defendants would ensure that the Plantis were reasonably safe while staying at the Resor, ‘The Plains state there was a total falure of the agreement and they didnot receive the ‘ualty vacation corisacted for, due to the medical emergency created The Defendents breached the terms ofthe agreement and their statutory or common law obligations to the Paints. Further in the alternative, the Resort and the Resort ouners wore grossly negligent, particulars of which include, but are net limite! to: (2) Fling to take reasonable or any care to ensure that the Pisintis would bo reascnably safe whie at the Reso16 © © @ © @ 1) @ Faling fo take appropriate measures to ensure that ihe Resort was safe for use by thor quests; Fling to propetty educate or train the staff ef the Resert on the handling of ‘caustic or fosie substances: Faling to have medically tained personnel on ste and failing to access ‘eme'gency medical services forthe Plaintif Kerry Tosws in a timely manner Fling 19 avold conduct that created a foreseeable risk of ham to the Plants Faling to properly supervise thelr employees, servants or agents; Fling to develop or implement policies forthe safe handing of caustic, toxle or dangerous substances; Fling to place any or adequate comprehensive general fabilty Insurance to resperd to the Paints’ loss ‘Such further and other particulars as may be proven atthe tal of tis action ‘The Plants state the Defendant SV owed the Piaintifs @ duty of care and breached that duty of care through its negligence, particulars of which include: ® co) © @ e © Fling to take reasonable or any care to ensure the Plaintifs would be reasonably safe while atthe Resor Failing to select a reputable and sultable Resort to promote and market. Fal io conduct on inal speci ofthe Resor and paca inspscions-of ‘al aspect of the Resor's ‘peretion, Including the Resort's safety procedures and eantaton, Faling to take any or adequate steps to ensure thatthe Resort purchaeed any or ‘adequate comprehensive general labiiy insurance to respond to catastrophic Joss or injury to the Regorts guests; Failing to take any or adequate sleps to ensure the Resort had adequate training, Policies and procedures including adequate training of it employees in the area of health and safety to ensure that guests staying al the Resort would be reasonably safe; Faling to discose the identity of the owner and operator ofthe Resort Such futher and other particulars as may be proven atthe tial ofthe action Further in the alternative, the Defendant SV negigenty misrepresented to te Plinttis that the Resort was a ‘Four Star Plus” property and a long time Signature Vacations1 20 favourte. The Plainifs relied on these representations to their detriment and the Plant Kerry Toews suffered catastrophic and Ife altering injuries while staying at the. Resort At all mateial times, the Defendant SV was acting 2s agent forthe Defendant Resort ‘end Defendant Resort owners but falled to dlsciose this fact tothe Platts and failed to sclose the tue owners and operators ofthe Resort. Accordingly, the Defendant SV is liable in aw fr the negligence ofits undisclosed principals. AS dect resi of the Defendans’ breach of contrac, negligence, gross neslzence misrepreseriations and breach of statutory or common law duties, the Plaintit Kery Toons sustained serious and ie thestening injures, partcUars of which incuce but are ot ited (Air evacuation from Puerta Val, Mexico to Edmonton, Abserta on or about Febraary 10, 2008: (emergency agnostic surgery on February 11, 2009; (Wi) Hosetatzation uni March 7, 2009; (0) Prolenged feeding through a feeding tbe () Multiple surgical procedures involving esophagoscopy and dilaton in an effort to save her esophagus, (oi) The removal of her esophagus on August 19, 2000; (wi) Continued regular surgical procedures to alate her throat (&) Development of “dumping syndrome’, resulting in severe weight loss, lethargy and fatigue; 6) Depression; (6) Post-raumatic stress disorder, ‘As a clrectresul ofthe Defendants’ negligence, gross negligence, breach of contract, or breach of statulory duty er common law duties, the Plaintife have suffered special21 22, 28. damages including, air evacuation from Puerio Vallarta, Mexico to Edmonton, Alberta, Droseniption drugs and psychological treatment and itis expected that the Plant wil inour signfeant medical costs into the fulure, including regular surgical procedures over her ifetimete dlate her toat. Por attending the Resort, the Plaintit Kery Toews was a heat, happily marie 36 year mother of two young daughters and was gsinfully employed as 9 Payroll Administrator As a result ofthe injuries sured, the Plintit Kerry Toews has been rendered toaly dsabled from her employment ard it is anipated she wil suffer continued loss of income into the future and over her working ite expectancy, ‘As a result ofthe injuries suffered by the Plinif Kerry Toons each and every aspect of her life has been adversely affected, including her ability to perform housekeeping, yard ‘and home maintenance and parental utes, ‘The Plaintit Her Majesty the Queen in ight cf Alberta dims agains! the Defendants for the cost of health services provided to the Plain Key Toews forthe injuries sutlered a a rosuit of the wrongful acts or omissions of the Detencents as alleged herein, pursuant tothe Hosptals Act RS.A. 2000, ChH-12 as amended, which services incude but are not ited to (2) Inpatient and outpatient services provides in a hospital or other facility; () Heath services as defined in the Alberta Hoaith Care insurance Act [@)__ Transportation services including alr an ground ambulance services: (0) Publis heath services (©) Drug services;24, 26, 28, (Any goed or services prescribed to be a health service by the regulations made purs.ant to the Hospitals Act. The is of these health services are curently in the sum of $154,489.11 pnd are expected foincrease in the future. ‘The Plaintiff Todd Toews claims damages for loss of consortium as a resuit ofthe less of the care, comfort and supaot of his wife Kerry Toews. ‘The Plaintif proposes thatthe trial ofthis action be held atthe Law Courts Bulling, In the City of Edmonton, inthe Province of Alberta. The Plinte anticipate that the trial of this action wil take less than 25 days. Remedy sought: 27. Wherefore the Plaintiff Kerry Toews claims against the Defencants jointly and severally ‘or against ny of them: (2) General damages for pain and suffering in the amount of $278,000: (©) Damages for past and future lees of housekeeping capueny in the sum of 3250000; (©) Specat damages to date in the sum of $100,000; (@) Future special damages in an amount tobe proven atria (e) Damages for past and future loss.of eamings and cost of future care in the: ‘mount of $3,000,000.00,. (0. Aggravated damages in the sum o $200,000; (@) Punitive damages inthe sum of $200,000 (>) Interest pursuant tothe Judgment interest ct, RSA. 2000; C.J4} Coste28, Wherefore sho Paintff Her Majesty the Queen in Right of Alberta claims against the Defendants jinty or severally (@} Special damages in the amount of $154,408.11; (0) Such further and other special damages as may be proven at the tial of this aeten; (©) Interest pursuant to the Judgmont intorest Act, R.A. 2000; C.J (Coss 28. Wherefore te Plain Todd Toews claims agains! the Defendants ji or several (2) General damages for oss of cansetium in the amount of $75,000, (©) Interest pursuant to the Juclgment interest Act, R.A, 2000; C.J; (Coss. NOTICE TO THE DEFENDANT You only have a short time to do something to defend yourself against this claim: 20 days ifyou are served in Alborta 4 month if you ate served outside Alberta but in Canada ‘2 months if you are served outside Canada, You can respond by filing a statement of defence of a demand for notice in the office of th clerk of the Court of Queen's Bench at Edmonton, Alberts, AND serving your statement of defence or a demand for notice on the plaintfs address for service. WARNING Ifyou do not fle and sorve 2 statement of defence or a demand for notice within your time period, you risk losing the law suit automatically. If you de not file, or do not Serve, of aro late in doing either of these things, 2 court may give a judgment to the Plaintiff against you