No. S1810068 Vancouver Registry 9 q BETWEENA #8 EPPARD, ON HER OWN BEHALF AND AS THE, PERSONAL REPRESENTATIVE OF THE ESTATE OF MACALLAN WAYNE SAINI, DECEASED. PLAINTIFF AND: VANCOUVER COASTAL HEALTH AUTHORITY, HER MAJESTY THE QUEEN IN RIGHT OF BRITISH COLUMBIA (MINISTRY OF CHILDREN AND FAMILY DEVELOPMENT), YASMINE SAAD, aka YASMEEN SAAD, JASMINE SAAD, ‘SUZY AHMED SAAD doing business as the OLIVE BRANCH DAYCARE, KAREN PEARL KRUSE and PETER ANDREW SCOTT DEFENDANTS RESPONSE TO CIVIL CLAIM Filed by: Suzy Ahmed Saad (the “Defendant”) Part 4: RESPONSE TO NOTICE OF CIVIL CLAIM FACTS. Di n 4 — Defendant's Response to Facts 1. The facts alleged in NONE of the paragraphs of Part 1 of the Notice of Civil Claim are admitted. 2. The facts alleged in paragraphs 10, 14, 16-17, 21, 27-29, 31, and 32 of Part 1 of the Notice of Civil Claim are denied. 3. The facts alleged in paragraphs 1-9, 11-13, 15, 18-20, 22-26, and 30, of Part 1 of the Notice of Civil Claim are outside the knowledge of the Defendant. Division 2- Defendant's Version of Facts 1. The Defendant has an address for service of Narwal Litigation LLP at 900 - 777 Hornby Street, City of Vancouver, in the Province of British Columbia.In answer to the whole of the Notice of Civil claim, the Defendant denies all allegations. In further answer to the whole of the NOC, the death was a tragedy but not the result of any negligence and at all material times, the Defendant met the requisite standard of care. In specific response to paragraph 21, and in further answer to the whole of the NOCC, at all material times, the Defendant acted in accordance with the Community Care and Assisted Living Act, S.B.C, 2002, ¢. 75 (the “Acf’, or, in the alternative, if there was non- compliance with the Act or any regulation, which is not admitted but is specifically denied, this does not demonstrate that the Defendant was negligent, nor breached the standard of care. In specific response to paragraphs 27 to 31 of part 1 of the NOCC, and in further answer to the whole of the NOC, the Plaintiff did not suffer, nor will the Plaintiff suffer in the future, any injuries, losses, damages or expenses as alleged, or at all, and the Plaintiff is put to the strict proof thereof. In specific response to paragraph 32 of part 1 of the NOCC, the Defendant is not a wrongdoer as defined within section 1 of the Health Care Costs Recovery Act, S.B.C. 2008, and denies any requirement or entitlement of the Plaintiff to claim against the Defendant for the cost of any alleged healthcare services as defined under the Health Care Costs Recovery Act. Division 3 - Additional Facts Nil Part 2: RESPONSE TO RELIEF SOUGHT The Defendant does not consent to the granting of the relief sought in Part 2 of the Notice of Claim, The Defendant opposes the granting of the relief sought in Part 2 of the Notice of Civil Claim.Part 3: LEGAL BASIS ‘Any cause of action in tort on behalf of the Deceased was extinguished or abated upon his death and the Plaintiff, as personal representative of the Deceased, cannot maintain an action in tort on the Deceased's behalf. Pecuniary and any other losses from the death of an infant under the Family Compensation Act, R.S.B.C. 1996 c. 126 are not recoverable, including as a matter of law. ‘The Defendant was not negligent and the death was not the result of any negligence by the Defendant. ‘The Defendant denies any duty of care owed to the Plaintiff under the Occupiers Liability Act, R.S.B.C. 1996 c. 337 and the amendments thereto, as alleged or at all In the alternative, if the Defendant was negligent or in breach of any other duty, fiduciary or otherwise, or any other obligation to the Deceased, which is not admitted but specifically denied, then no act or omission on the part of the Defendant caused or contributed to any injury, loss, or damage suffered by the Deceased, nor the Plaintiff Sheppard, as alleged or at all If the Plaintiff suffered any injury, loss, damage, or expense as alleged or at all, which is not admitted but specifically denied, then any such injury, loss, damage or expense was ‘caused or contributed to by the other Defendants, singly or in combination. The Defendant denies that a duty of care was owed to the Plaintiff Sheppard and denies that Sheppard suffered or will suffer in the future the injuries, loss, damage or expense as alleged or at all, and puts the Plaintiff to the strict proof thereof. In the alternative, if the Plaintiff suffered any injury, loss, damage, or expense as alleged or at all, which is not admitted but specifically denied, then any such injury, loss, damage or expense was not caused by any acts of the Defendant but is attributable to previous or ‘subsequent incidents, health conditions or congenital defects and the Defendant did not aggravate any pre-existing injuries or conditions. In the further alternative, if the Plaintiff Sheppard did suffer any injury, loss, damage, or expense, which is not admitted but specifically denied, then she has failed to take all or reasonable steps to mitigate that injury, loss, damage, or expense.40. "1 The Defendant pleads and relies upon the provisions of the Negligence Act, R.S.B.C. 1996, ¢, 333 and the amendments thereto. The Defendant denies any requirement or entitlement of the Plaintiff to claim against the Defendant for the cost of any alleged health care services pursuant to the Health Care Costs Recovery Act, 8.B.C. 2008 ¢. 27 and the Defendant pleads the Health Care Costs Recovery Act and the amendments thereto. Defendant's address for service: Narwal Litigation LLP Barristers & Solicitors Suite 900 - 777 Hornby Street Vancouver, British Columbia Vez 184 Fax number address for service (if any): 604-681-1117 Service by e-mail is not accepted. Date: August 13, 2019 Rule 7-1(1) of the Supreme Court Civil Rules states: (1) Unless all parties of record consent or the court otherwise orders, each party of record to an action must, within 35 days after the end of the pleading period, (a) prepare a list of documents in Form 22 that lists (i) all documents that are or have been in the party's possession or control and that could, if available, be used by any party at trial to prove or disprove a material fact, and (i) all other documents to which the party intends to refer at trial and (b) serve the list on all parties of record.