1 Court file # ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN: DANIIL ABARNIKOV Plaintiff - and WILSON RESIDENCES INC. and U & R AUGUST MANAGEMENT INC. and FNR CLEANING SOLUTIONS INC. AMENDED STATEMENT OF CLAIM Defendants TO THE DEFENDANT(S) A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the plaintiff. The claim made against you is set out in the statement of claim served with this notice of action. IF YOU WISH TO DEFEND THIS PROCEEDING, you or an Ontario lawyer acting for you must prepare a statement of defence in Form 18A prescribed by the Rules of Civil Procedure, serve it on the plaintiff's lawyer or, where the plaintiff does not have a lawyer, serve it on the plaintiff, and file it, with proof of service, in this court office, WITHIN TWENTY DAYS after this notice of action is served on you, if you are served in Ontario. If you are served in another province or territory of Canada or in the United States of America, the period for serving and filing your statement of defence is forty days. If you are served outside Canada and the United States of America, the period is sixty days. Instead of serving and filing a statement of defence, you may serve and file a notice of intent to defend in Form 18B prescribed by the Rules of Civil Procedure. This will entitle you to ten more days within which to serve and file your statement of defence.
2 IF YOU FAIL TO DEFEND THIS PROCEEDING, JUDGMENT MAY BE GIVEN AGAINST YOU IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU. IF YOU WISH TO DEFEND THIS PROCEEDING BUT ARE UNABLE TO PAY LEGAL FEES, LEGAL AID MAY BE AVAILABLE TO YOU BY CONTACTING A LOCAL LEGAL AID OFFICE. Date: September 1, 2010 Issued by Local registrar Address of court office: 393 University Avenue 10 th Floor Toronto, Ontario M5G 1E6 TO: AND TO: AND TO: 746 WILSON RESIDENCES INC. 746 Wilson St. E. Kitchener, Ontario N3T 1S4 U & R AUGUST MANAGEMENT INC c/o 746 Wilson Residences Inc. 746 Wilson St. E. Kitchener, Ontario N3T 1S4 FNR CLEANING SOLUTIONS INC. 130 West Dr. Brampton, Ontario L6T 4G6
3 THIS ACTION IS BROUGHT AGAINST YOU UNDER THE SIMPLIFIED PROCEDURE PROVIDED IN RULE 76 OF THE RULES OF CIVIL PROCEDURE. CLAIM 1. THE PLAINTIFF CLAIMS for the following: a) General damages in the amount of $XXX,XXX.XX; b) Special damages for out of pocket expenses, including the subrogated claim of the Ontario Health Insurance Plan, and medical and hospital and rehabilitation costs not covered by insurance, in the sum of $XX,XXX.XX; c) Pre-judgment interest on all such damages, pursuant to the provisions of the Courts of Justice Act, R.S.O. 1990, Chapter C.43, as amended; d) Costs of this action, to be assessed on a substantial indemnity basis, together with all assessable taxes on those costs; and, e) Such further and other relief as to this Honourable Court may seem just. The Parties 2. The Plaintiff, DANIIL ABARNIKOV, (referred to in this document as Mr. Abarnikov ) resides in the City of Kitchener. He has suffered severe injuries, impairment, disability, and various forms of damages, as a result of a slip and fall accident he was involved in on or about September 4 th, 2008 (referred to in this document as the Accident ) at the apartment complex with the address 746 Wilson Street, Kitchener, Ontario (referred to in this document as the Property ).
4 3. The Defendant 746 WILSON RESIDENCES INC. (referred to in this document as the Owner ) was at all relevant times a corporation carrying on a business as the owner and lessor of the apartment building located at 746 Wilson Street, Kitchener, Ontario. At all material times the Owner was responsible for maintaining the common elements of the Property (i.e. property not leased to a particular tenant, e.g. hallways, elevators, doorways, etc. common and accessible to all tenants), the Owner was a landlord who leased apartments at the Property to individuals, and Mr. Abarnikov was a tenant of a unit at the Property in good standing. 4. The Defendant U & R AUGUST MANAGEMENT INC. (referred to in this document as the Operator U & R August Management ) was at all material times a corporation carrying on a business as the company responsible for cleaning and / or maintaining the common elements at the Property. 4.b. The Defendant FNR CLEANING SOLUTIONS INC. (referred to in this document as FNR Cleaning Solutions ) is a company lawfully incorporated under the laws of Ontario, located in and operating from Brampton, Ontario. 5. The Owner and/or Operator U & R August Management and / or FNR Cleaning Solutions were at all material times responsible for cleanliness, maintenance, upkeep, safety and general condition of the common elements of the Property.
5 Key Facts 6. On or around September 4 th, 2008, Mr. Abarnikov was returning home and was using the elevator to return to his floor. He was exiting an elevator at a normal pace through the elevator door when he slipped on water and / or cleaning fluid on the ground. 7. Mr. Abarnikov attempted to return to his feet, but as a result of the injuries from his first fall he immediately fell a second time, exacerbating his injuries. 8. At the time of his fall there were employees and / or authorized agents of one or more of the defendants in the process of cleaning the floor in the hallway outside the door of the elevator and the floor was wet from cleaning fluid and / or water. 9. No signs or indicators of any kind were posted to indicate that the floor may be wet, slippery or dangerous. 10. Mr. Abarnikov sustained serious injuries from his fall, details of which are in the section titled Damages. Basis for Liability 11. Mr. Abarnikov states that this fall, and the damages he has sustained as a result, were caused in whole or in part by the negligence of the Owner and / or the Operator U & R August Management and / or FNR Cleaning Solutions, and / or a breach of statutory
6 obligation on the part of either of one or more of the Defendants, particulars of which include the following: a) They made the floor slippery, which caused Mr. Abarnikov to slip and fall; b) They failed to take reasonable steps to ensure the safety of individuals and tenants using the common elements of the building; c) They failed to post a warning sign indicating that the floor may be wet, slippery or dangerous; d) They failed to employ a reasonable process of posting warning signs; e) Alternatively, if such a reasonable system of posting signs was in place, it was inadequate or not properly followed; f) They failed to give Mr. Abarnikov adequate warning of the danger presented by the condition of the floor; g) They failed to install any, or any adequate, safety mechanisms, when they knew or ought to have known of the dangers of the floor being wet; h) They employed incompetent servants or agents to operate, inspect and maintain the premises; and, i) They failed to supervise and instruct their agents as to the proper operation, inspection and maintenance of the premises necessary to minimize any risk to using it.
7 Damages 12. As a result of the accident, Mr. Abarnikov has sustained numerous serious injuries, which include, but are not limited to, the following: a) Head injury; b) Significant loss of hearing; c) Loss of memory; d) Lower body impairments; e) Chronic back, neck, lower body, and head pain, and f) Such further and other particulars as may be proven at trial. 13. The injuries sustained by Mr. Abarnikov have caused him to suffer pain, impaired mobility and function, and stiffness and aching in the affected areas of his body. These injuries and the secondary effects of them, have caused Mr. Abarnikov to suffer pain and discomfort, and have limited his activities and lifestyle, causing him to suffer a loss of enjoyment of life and loss of amenities. He has been impaired and disabled from carrying out his regular employment, personal, family, household, and recreational activities. These injuries, and the secondary effects of them, are likely to continue to so affect him into the foreseeable future.
8 14. The injuries and impairments described above have restricted the ability of Mr. Abarnikov to care for himself and his home, causing him to rely upon others to help him in this regard. He has incurred out of pocket expenses, and is likely to continue to do so in the future. Particulars of these expenses will be provided prior to trial. 15. As a further result of these injuries, impairments and disabilities which he has suffered as a result of these accidents, Mr. Abarnikov has sustained, and will likely continue to sustain, economic loss arising out of his inability to perform the household chores, and other forms of non-employment functions of economic value, to the extent that he did on a regular basis prior to these accidents. Mr. Abarnikov has incurred out of pocket expenses in this regard, particulars of which will be provided prior to trial. 16. As a result of the injuries sustained by Mr. Abarnikov, he has been required to undergo medical treatment, and he will continue to require treatment in the future. He has undergone and will continue to require painful procedures and /or treatment and will be exposed to the dangers thereof. 17. Mr. Abarnikov has been unable to afford proper medical treatment, including hearing aids, and related costs such as transportation. Particulars of such expenses will be provided prior to trial. 18. Some of the medical expenses which Mr. Abarnikov has incurred as a result of the described accident have been paid for on his behalf by the Ontario Health Insurance Plan
9 ( OHIP ). Mr. Abarnikov and OHIP, by way of its statutory subrogated interest, claim reimbursement of all such expenses incurred to date, as well as those likely to be incurred in the future. 19. The Plaintiff pleads and relies upon the following statutory provisions: a. The Occupier s Liability Act, R.S.O c. O. 2; b. The Family Law Act, R. S. O. 1990, c. F. 3; c. The Negligence Act, R. S. O. c. N. 1; d. The Health Insurance Act, R. S. O. 1990, c. H The Plaintiff proposes that this action be tried in the City of Kitchener. Date of issue: September 1, 2010 FRIEND IN BATTLE LLP Personal Injury Lawyers 5985 McLaughlin Road Mississauga, Ontario L5R 1B8 Ph: (123) Fax: (198) ARJAN BATTLE LSUC # Z123456A
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