AMENDED THIS_l_ DAY OF :(q.n A.O. 20~ . PURSUANTTO RULE 3.62 UNSER ORQ&FI GOtJSEl'fFBA"fE _ BAY SF A,IJ, ie...... ,.

Form 10 [Rule 3.25]

COURT FILE NUMBER

COURT COURT OF QUEEN' S BENCH OF

JUDICIAL CENTRE

PLAINTIFFS GREYS SOLANGE ECHEVERRIA LEIVA and GREYS SOLANGE ECHEVERRIA LEIVA ECHEVERRIA as Litigation Representative for " K.B. as REPRESENTATIVE PLAINTIFFS

DEFENDANTS SOLEIMAN HAJJ SOLEIMAN, JOHN DOE I, PROPERTY INC., JOHN AND JANE DOES II - VII

DOCUMENT AMENDED STATEMENT OF CLAIM

ADDRESS FOR SERVICE Higgerty Law AND Attn: Patrick 8 . Higgerty, Q.C. CONTACT INFORMATION IOI , 440-2°d Avenue SW OF Calgary, Alberta T2P 5E9 PARTY FILING THIS Ph. : 403-503-8888 DOCUMENT Fax: 587-316-2260

A Class Proceeding pursuant to the Class Proceedings Act, SA 2003, c C-16.5

NOTICE TO DEFENDANT(S)

You are being sued. You are a defendant.

Go to the end of thi s document to see what you can do and when you must do it.

Statement of facts relied on:

A. LOCATION

I. The West Edmonton Mall is the largest in North America which offers a wide variety of shopping, dining, leisure and entertainment attractions to the public, the address of which is 8882, 170 Street NW, Edmonton, Alberta, TST 4J2 (the "West Edmonton Mair'). 2. The World Waterpark is an indoor swimming facility and is one of the most prominent public attractions of the West Edmonton Mall, which includes, inter alia water slides and wave pools (the "World Waterpark").

B. LITIGANTS

3. The proposed Representative Plaintiff, Greys Solange Echeverria Leiva, is a resident of the City of Edmonton, in the Province of Alberta ("Echeverria").

4. The proposed Representative Plaintiff, " K.B., is a resident of the City of Edmonton, in the Province of Alberta. She was a minor aged 13 at all material times and is presently a minor represented by her mother, Echeverria, as litigation representative ~-

5. The Class is comprised of the proposed Representative Plaintiffs, and the other female persons who were sexually assaulted as outlined below and other family members and friends who are legally entitled to claim for nervous shock as a result, ( collectively referred to as the "Class Members").

6. The Defendant, Soleiman Hajj Soleiman, as far as is known by the Plaintiffs, is an adult male and a resident of the City of Edmonton, the Province of Alberta ("Soleiman").

7. The Defendant, John Doe I, is another individual adult male, who attended at the World Waterpark in the West Edmonton Mall in the evening of February 4, 2017.

8. The Defendant, West Edmonton Mall Property Inc., as far as is known by the Plaintiffs, was at all material times an extra-provincially registered body corporate duly incorporated under the laws of British Columbia with a head office located at 3000, 8882 - 170 Street, Edmonton, Alberta, T5T 4M2, with a duly registered address for service at 2500 -10175, IO I Street NW, Edmonton, Alberta, T5J OH3 (" West Edmonton Mall Inc. ").

9. The Defendant, West Edmonton Mall lnc., is the registered owner of the West Edmonton Mall including the World Waterpark, which, as far as is known to the Plaintiffs, is located on properties legally described as:

Plan 842 I 542 Plan 8322082 Block 22 Block 22 Lot 6A Lot 7

I 0. The Defendant, West Edmonton Mall Inc., is also the operator and occupier of the West Edmonton Mall, including the World Waterpark. As far is known to the Plaintiffs, West

2 Edmonton Mall Inc. operates all services related to the World Waterpark including, inter alia, property management, maintenance, public security and lifeguard services.

11. The Defendants, John and Jane Does 11-VH are employees, agents, or contractors under the direction, supervision and control of the Defendant West Edmonton Mall Inc., who were present at the World Waterpark on or about February 4, 2017.

C. CLAIM

12. On or about the evening of February 4, 2017, the World Waterpark was reserved for a private function which Echeverria, /\ K.B., and others were invited to attend. The function was private only in respect of the invitees, and otherwise involved the usual attractions at the World Waterpark ordinarily available to visiting members of the public including, inter alia, the wave pool and water slides.

13. On the evening of February 4, 2017, the World Waterpark was staffed by employees, agents and/or contractors of West Edmonton Mall Inc., acting in their ordinary duties and responsibilities with respect to lifeguarding, security and other services to ensure the reasonable safety, care and protection of the visiting public.

14. At or around 6:30 pm, Echeverria, /\ K.B., other family and friends arrived at the West Edmonton Mall.

15. At or around 7:00 pm, Echeverria, AK.B ., other family and friends entered the World Waterpark.

16. During this time, Echeverria, "K.B., and the other attendees enjoyed the attractions at the World Waterpark in the ordinary manner including swimming in the wave pool and riding the water slides.

17. At or around 8:30 pm, "K.B. and other young female members of the public were swimming in the wave pool when an adult male member of the public noticed that another adult male, namely Suleiman or John Doe I, was behaving in a suspicious manner in the wave pool around " K.B . and the other young female members of the public. The behaviour of Suleiman or John Doe I included, inter alia, staring at the young female members of the public and swimming unusually close to them. The behaviour sufficiently alarmed the adult male member of the public that he reported /\ his concerns to the lifeguard and/or security attending the wave pool.

18. Shortly after the suspicious activity of Suleiman or John Doe I was reported to the lifeguard and/or security attending the wave pool by the adult male, another female member of the public also noticed the suspicious behaviour of Suleiman or John Doe I. She also felt sufficiently alarmed by the behaviour and similarly reported her concerns to the lifeguard and/or security attending the wave pool.

19. At or around the time of 9:30 pm, Soleiman or John Doe I sexually assaulted " K.8., as well as other young or minor female members of the public in the wave pool. So lei man or John Doe [ intentionally and nonconsensually touched "K.B . and the other young

3 female members of the public underwater in a sexual manner, including their breast, buttocks and vaginal areas.

20. After the initial assault, " K.B., her friend and other young or minor female members of the public, swam away from Suleiman or John Doe J in an attempt to get away from him. They swam to the other side of the wave pool but they were followed by Suleiman or John Doe I who again sexually assault " K.B., her friend and other young or minor female members of the public.

21. At approximately 9:55 pm, "K.B. and her friend were distraught due to the sexual assaults and they left the pool to locate " K.B. 's mother Echeverria.

22. At approximately I 0:00 pm, " K.B. and her friend located Echeverria to whom they reported the sexual assaults. Echeverria immediately located security working at the World Waterpark and informed the individual security guard what " K.B. and her friend had reported to her. The security guard then advised Echeverria that shortly before she reported the sexual assaults, another group of young or minor female members of the public had reported to them that they had also been sexually assaulted in the wave pool in identical or similar circumstances.

23. Shortly after that time, member of the police arrived and took individual statements from the young or minor female members of the public, including "K.B. and her friend, concerning the sexual assaults which occurred in the wave pool.

24. In total, Suleiman or John Doe I repeatedly sexually assaulted "K.B., her friend and other young female members of the public in the wave pool of the West Edmonton Mall for an approximate time period of a half hour or longer. During this time, no employee, agent or contractor of West Edmonton Mall Inc. made any attempt to ensure the reasonable safety of " K.B. and the other young or minor female members of the public, or take any reasonable steps to prevent Suleiman or John Doe I from engaging in the sexual assaults, notwithstanding they were warned of the potential for danger by two individual members of the public.

D. SEXUAL BATTERY & INTENTIONAL INFLICTION OF MENTAL DISTRESS

33. The Defendant Soleiman or John Doe I is liable to the Plaintiffs and the other Class Members in sexual assault and/or sexual battery by intentionally touching them in a nonconsensual sexual manner.

34. The actions of the Defendant Soleiman or John Doe I constitute flagrant and outrageous conduct, the severity of such conduct is amplified given the relative age difference between Soleiman or John Doe I, who was an adult male, and the and other Class Members, who all or most were young girls who had not yet reached the age of majority at the time of the assault.

35. The Defendant Soleiman or John Doe I is liable to the Plaintiffs and other Class Members by intentionally inflicting emotional distress and mental suffering flowing from the sexual assault and/or sexual battery, which has resulted in provable injuries.

4 E. OCCUPIERS' LIABILITY

36. The Defendant West Edmonton Mall Lnc. is liable to the Plaintiffs and the other Class Members by virtue of the Occupier 's Liabibty Act, RSA 2000 c. 0-4, as owner, operator and occupier of the World Waterpark at all material times.

37. The Defendant West Edmonton Mall Inc. breached its duty to take such reasonable care in the circumstances to ensure that the Plaintiffs and the other Class Members were reasonably safe in using the premises of the World Waterpark.

38. The Defendant West Edmonton Mall Inc. breached its duty as occupier by:

a) failing to reasonably monitor and supervise the activities of the attendees of the World Waterpark including the Plaintiffs, the other Class Members and third parties;

b) failing to notice and identify suspicious behaviour of third parties in the wave pool, namely Soleiman or John Doe I;

c) failing to take reasonable steps to investigate and ensure the safety of the Plaintiffs and other Class Members after an employee, agent or contractor was warned about the suspicious behaviour of So lei man or John Doe I in the wave pool;

d) failing to warn the Plaintiffs and other Class Members after an employee, agent or contractor was warned about the suspicious behaviour of Soleiman or John Doe l;

e) fai ling to take reasonable steps to ensure the safety of vulnerable and minor attendees of the World Waterpark;

f) failing to properly train its employees, agents or contractors, to ensure they were reasonably competent in the performance of their duties to ensure the safety of the public in the circumstances; and

g) failing to exercise reasonable care in the selection and supervision of the independent contractors, namely John and Jane Does H-Vll, while they were contracted to perfonn services to ensure the reasonable safety of the Plaintiffs and the other Class Members.

F. NEGLIGENCE

39. The Defendants West Edmonton Mall [nc. and John and Jane Does 11-VlI,jointly and severall y, are liable to the Plaintiffs and other Class Members in negligence.

40. At all material times, West Edmonton Mall Inc. and John and Jane Does Il-YII owed a duty of care to the Plaintiffs and other Class Members to take all reasonable steps to ensure the safety of the visiting public whi le they attended at the World Waterpark.

5 41 . The Plaintiffs and other Class Members plead that West Edmonton Mall Inc. and John and Jane Does 11-Vll breached its duty and the standard of care reasonably expected of them in the circumstances.

42. The Plaintiffs and other Class Members plead that West Edmonton Mall Inc., and John and Jane Does 11-Vll knew or ought to have known that a breach of its duty of care and the standard care expected of them in the circumstances would result in physical and . mental injuries, not limited to emotional distress and mental suffering.

43 . More particularly, the Plaintiffs and other Class Members plead that West Edmonton Mall Inc., and John and Jane Does II-VII breached their duty and the standard of care reasonably expected to them by:

a) failing to reasonably monitor and supervise the activities of the attendees of the World Waterpark including the Plaintiffs, the other Class Members and third parties;

b) failing to notice and identify suspicious behaviour of third parties in the wave pool, namely Soleiman or John Doe I;

c) failing to take reasonable steps to investigate and ensure the safety of the Plaintiffs and other Class Members after a John or Jane Does ll-VII was warned about the suspicious behaviour of Soleiman or John Doe I in the wave pool;

d) failing to warn the Plaintiffs and other Class Members after an employee, agent or contractor was warned about the suspicious behaviour of Soleiman or John Doe I;

e) failing to take reasonable steps to ensure the safety of vulnerable and minor attendees of the World Waterpark;

t) failing to properly John and Jane Does II-VII, to ensure they were reasonably competent in the perfo11nance of their duties to ensure the safety of the public in the circumstances; and

g) failing to exercise reasonable care in the selection and supervision of John and Jane Does II-VlI, while they were contracted to perform services to ensure the reasonable safety of the Plaintiffs and the other Class Members.

G. VICARIOUS LIABILITY

44. The Plaintiffs and other Class Members plead that the Defendant West Edmonton Mall Inc. can only act through its employees, directors, officers and agents and is vicariously liable for their acts and omissions as herein pleaded. The acts and omissions particularized and alleged in this claim to have been done by the Defendant West Edmonton Mall Inc. was authorized, ordered or done by the Defendant West Edmonton Mall lnc.' s employees, directors, officers and agents while engaging in the management, direction, control and transaction of the Defendant West Edmonton Mall Tnc.'s business and are therefore acts and omissions to which the Defendant West Edmonton Mall Inc. is vicariously liable.

6 H. DAMAGES

45 . As a result of the sexual assault and battery, intentional infliction of mental distress, breach of the Occupiers' Liability Act, and negligence of the Defendants, the Defendants are, jointly and severally, l.iable to the Plaintiffs and other Class Members for sustained serious and permanent psychological injuries which include, but are not limited to:

a) pain and suffering;

b) nervous shock;

c) anxiety and depression requiring medical and psychological treatment and counseling;

d) humiliation and degradation;

e) emotional distress;

f) loss of enjoyment of life;

g) self-harm;

h) sexual trauma;

i) loss of confidence;

j) decreased social ability;

k) insomnia;

I) post-traumatic stress disorder;

m) a requirement for medical and psychological treatment and counselling;

n) impaired ability to enjoy and participate in recreational, social and athletic and employment activities;

o) inability to undergo normal and healthy sexual development;

p) aggravated, exemplary and punitive damages; and

q) such further pecuniary and non-pecuniary damages as may be proven at trial or which may become discoverable.

7 I. REMEDY SOUGHT

46. As against each of the Defendants, jointly and severally, the Plaintiffs and other Class Members claim the following awards on the bases, insuch amounts, to be allocated amongst the Plaintiffs and Class Members, as this Honourable Court may deem fit, namely:

a) An order for certification pursuant to the Class Action Proceedings Act, SA 2003, c-16.5 and appointment of the Plaintiffs as the Representative Plaintiffs;

b) An order appointing Greys Solange Echeverria Leiva in her own right and Greys Solange Echeverria Leiva as Litigation Representative for AK.B . as Representative Plaintiffs for the Class Members;

c) Judgment for damages as outlined in under the heading "Damages" above, including general and special damages in an estimated total amount of $10,000,000, in such amounts as this Honourable Court may award;

d) Interest on the above claimed awards pursuant to the terms of the Judgment Interest Act, R.S.A. 2000, c. J-1 , the regulations thereunder and the amendments thereto; e) Any applicable Goods and Services Tax pursuant to the terms of the Excise Tax Act, SC 1985, c E-14, Part [X, the regulations thereunder and the amendments thereto, including a gross-up sufficient to satisfy any Goods and Services Tax levy, which the Plaintiffs and Class Members may be obliged to pay on any amount.

f) An Order for distribution amongst the Class members of the aggregate assessment of monetary relief as this Honourable Court may deem appropriate;

g) Costs of this action on a solicitor/client basis or on such other basis as this Honourable Court may see fit; and

h) Such further and other relief as this Honourable Court deems just and proper or as counsel may advise.

NOTICE TO THE DEFENDANT(S)

You only have a short time to do something to defend yourself against this claim :

20 days if you are served in Alberta

1 month if you are served outside Alberta but in Canada

2 months if you are served outside Canada.

8 You can respond by filing a statement of defence or a demand for notice in the office of the clerk of the Court of Queen's Bench at Edmonton , Alberta, AND serving your statement of defence or a demand for notice on the plaintiffs(s') address for service.

WARNING

If you do not file and serve a statement of defence or a demand for notice within your time period , you risk losing the law suit automatically. If you do not file , or do not serve. or are late in doing either of these things, a court may give a judgment to the plaintiff(s) against you .

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