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 ALBERTA JUDICIAL CENTRE EDMONTON 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, WEST EDMONTON MALL 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 shopping mall 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.