DEFAULT ASSIGNMENT
DUE MARCH 4, 2021
SUBMIT TO cpratt@fieldlaw.com
On January 10, 2021, you, as counsel for Joe Plaintiff, mailed the attached filed Statement of Claim on
the defendant by registered mail to the Defendant’s corporate office in Alberta. You have had your
assistant do up an Affidavit of service, which suggests service was complete on January 17, 2021. You
have received no defence from Friendship. Prepare and submit the appropriate default document.
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-2Clerk's stamp:
COURT FILE NUMBER:
2103 76024
COURT:
Court of Queen’s Bench of Alberta
JUDICIAL CENTRE:
EDMONTON
PLAINTIFF:
JOE PLAINTIFF
DEFENDANTS:
FRIENDSHIP STORE INC.
DOCUMENT:
STATEMENT OF CLAIM
ADDRESS FOR SERVICE AND CONTACT INFORMATION
OF PERSON FILING THIS DOCUMENT:
E. LAWYER
CIVIL PROCEDURE LLP
Barristers and Solicitors
12345-101 Street
Edmonton, AB T1A 2B3
Ph: (780) 423-1234 Fax: (780) 423-5678
File No. 1-2345
NOTICE TO DEFENDANT(S)
You have been sued. You are a Defendant.
Go to the end of this document to see what you can do and when you must do it.
Statement of facts relied on:
1. The Plaintiff resides in the City of Edmonton, in the Province of Alberta.
2. The Defendant, FRIENDSHIP STORE INC. (``Friendship``) is a body corporate, incorporated
pursuant to the laws of the Province of Alberta, and at all times material, was the registered
owner of land located in Edmonton Alberta, more particularly described as:
CONDOMINIUM PLAN 1612428
UNIT 1
AND 5000 UNDIVIDED ONE TEN THOUSANDTH SHARES IN THE COMMON PROPERTY
EXCEPTING THEREOUT ALL MINES AND MINERALS.
(the “Lands”).
3. On the morning of February 3, 2020, the Plaintiff attended at the Lands to shop at Friendship.
He parked his car on the parking lot and began to enter the building, when he slipped and fell
due to the extremely icy conditions of the parking surface (the “Fall”).
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-34. The Defendant was an occupier of the Land, pursuant to s. 1(c) of the Occupier’s Liability Act,
RSA 2000. C O-4, and therefore had a duty to ensure that the Land was reasonably safe for
visitors.
5. The Fall was due to the negligence, or breach of duty of the Defendant, particulars of which
include:
a. Failing to properly warn those attending the premises of extremely icy conditions which
could pose a risk of injury to those attending at the premises;
b. Failing to maintain the Land in reasonably safe condition for visitors, including failing to
deal with extremely icy conditions in a timely manner;
c. Failing to maintain the Land in a safe condition for visitors to the Land;
d. Failing to have policies, or adequate policies, regarding maintenance, de-icing, salting or
sanding of the Land;
e. Failing to train, or adequately train, persons carrying out such maintenance, de-icing,
salting or sanding at the Land;
f.
Failing to adequately direct and supervise the maintenance of the Land, including deicing, salting or sanding the Land; and
g. Such further and other specifics of negligence as may become known during the course
of this action.
6. As a result of the Fall, the Plaintiff sustained personal injury, including the following:
a. Fracture to the left fibula;
b. Displace fracture of the left tibia requiring surgical IM nailing; and
c. Chronic residual Pain in the left knee and ankle;
7. As a result of his injuries, the Plaintiff missed work at his job with the School Board as a teacher,
and as a result, has suffered a past loss of income of $25,000.00, and will continue to suffer a
loss of income earning capacity.
8. As a result of his injuries, the Plaintiff has had to pay for an ambulance, undergo physiotherapy,
pay for medications and medical aids, and will continue to incur further expenses for medical
care in the future.
9. As a result of the Fall, and the requirement that the Plaintiff wear and air cast post-surgery, the
Plaintiff has suffered some property loss including:
a. Damage to his jeans which had to be cut off; and
b. Damage to his car door caused by his air cast.
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-410. As a further result of the Fall, and his injuries sustained therein, the Plaintiff has suffered a loss
of his housekeeping capacity, and will continue to suffer such a loss in the future.
11. The Plaintiff proposes that the trial of this action be held at the Law Courts Building, in the City
of Edmonton, in the Province of Alberta.
Remedy sought:
12. The Plaintiff claims from the Defendant the following:
a.
General Damages in the sum of $50,000.00;
b.
Special Damages, including:
i. Medical expenses in the sum of $2,000.00;
ii. Property Loss in the sum of $700.00; and
iii. Loss of Past Income in the sum of $25,000;
c.
Loss of Future Income Earning Capacity in the sum of $50,000;
d.
Loss of past and future loss of housekeeping capacity in the sum of $5,000;
e.
Cost of future care in the sum of $5,000;
f.
Interest pursuant to the Judgment Interest Act of Alberta, RSA 2000, J-1; and
g.
Costs of this action.
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.
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 Plaintiff's (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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