AMENDED STATEMENT OF CLAIM

Transcription

1 Action No IN THE COURT OF QUEEN S BENCH OF ALBERTA JUDICIAL OF EDMONTON BETWEEN: PEARL ELIZABETH GOLDTHORPE AND JOHN ALFRED GOLDTHORPE Plaintiffs - and - ANNE GRAHAM LOGAN AND KATHLEEN FITZPATRICK Defendants AMENDED STATEMENT OF CLAIM 1. At all times material hereto, the Plaintiffs and the Defendants were residents of the City of Edmonton, in the Province of Alberta. 2. The Plaintiff, Pearl Elizabeth Goldthorpe ( Mrs. Goldthorpe ), is the wife of the Plaintiff, John Alfred Goldthorpe ( Mr. Goldthorpe ). 3. At all material times, the Defendant, Anne Graham Logan ( Logan ), operated a business under her own name which provided services to the public including the removal of facial hair by means of electrolysis. 4. The Defendant, Kathleen Fitzpatrick ( Fitzpatrick ), was at all material times a registered nurse and an employee of Logan. 5. Between January 1, 1999 and March 31, 1999, Logan placed advertisements in the Edmonton Journal, which advertisements stated, inter alia: Hairs...removed safely and permanently by ELECTROLYSIS... No marks, No scars, Results Guaranteed. ANNE GRAHAM LOGAN, 140 Carlton Street.

2 -2-6. Mrs. Goldthorpe read the aforesaid advertisement and on or about March 15, 1999, contacted Fitzpatrick at Logan s place of business to inquire about having her facial hair removed. 7. Fitzpatrick advised Mrs. Goldthorpe that her face could be definitely cleared, that the hair would be removed permanently and that the result was guaranteed. 8. In reliance upon the aforesaid advertisement and the aforesaid representations by Fitzpatrick, Mrs. Goldthorpe paid Fitzpatrick and Logan the sum of $13.25 to have hair removed from her face. 9. Mrs. Goldthorpe received electrolysis treatments from Fitzpatrick between March 16, 1999 and April 22, 1999, during which time Fitzpatrick was acting in the course and scope of her employment with Logan. 10. The electrolysis treatment caused a temporary removal of hair from Mrs. Goldthorpe s face but within weeks the facial hair returned. Further, Mrs. Goldthorpe s facial hair grew in even thicker following completion of the electrolysis than it had been prior to the electrolysis. Moreover, the electrolysis was painful and caused scarring. 11. Mr. Goldthorpe suffered damages as a result of the conduct of the defendants or either of them as aforesaid in that Mr. Goldthorpe has had great worry, emotional suffering and trauma and has incurred losses and expenses in an amount to be proved in the trial of this action. 12. The damages suffered by the Plaintiffs as aforesaid were caused by the negligence of the Defendants, or either of them, particulars of which include: (a) (b) Failing to conduct the electrolysis in a safe and proper manner; Failing to use all required and appropriate equipment in the electrolysis procedure;

3 -3- (c) (d) Failing to obtain all reasonable and proper training to conduct the electrolysis procedure; and Such further and other particulars as may be proven at trial. 13. In the alternative the Plaintiffs claim the Defendants were under a contract to remove safely and permanently the superfluous hair in existence when the treatment was given, and guaranteed satisfactory results, and failed to carry out the contract and the Plaintiffs allege that the results were not satisfactory. 14. The Plaintiffs states that the trial of this action should require fewer than 25 days. 15. The Plaintiffs propose that the trial of this action be held at the City of Edmonton, in the Province of Alberta. WHEREFORE THE PLAINTIFFS CLAIM: (a) (b) (c) (d) (e) Damages in the amount of $10, for loss of bargain; Damages in the amount of $50, for pain and suffering; Damages in the sum of $13.25 for the return of the contract price; Interest pursuant to the Judgment Interest Act, S.A. 1984, c. J 0.05 as amended; Costs; and

4 -4- (f) Such further and other relief as this Honourable Court may consider appropriate. DATED at the City of, in the Province of Alberta, this day of January, AND DELIVERED by Cage & Fish, Solicitors for the within Plaintiffs whose address for service is in care of the said solicitors. ISSUED out of the Office of the Clerk of the Court of Queen s Bench of Alberta, Judicial District of Edmonton, this day of January, Clerk of the Court

5 NOTICE TO THE DEFENDANTS TO: ANNE GRAHAM LOGAN AND KATHLEEN FITZPATRICK You have been sued. You are the Defendants. You have only 15 days to file and serve a Statement of Defence or Demand of Notice. You or your lawyer must file your Statement of Defence or Demand of Notice in the office of the Clerk of the Court of Queen s Bench in Edmonton, Alberta. You or your lawyer must also leave a copy of your Statement of Defence or Demand of Notice at the address for service for the Plaintiffs named in this Statement of Claim. WARNING: If you do not do both things within 15 days, you may automatically lose the law suit. The Plaintiffs may get a Court judgment against you if you do not file, or do not give a copy to the Plaintiffs, or do either thing late. This Statement of Claim is filed by: Action No IN THE COURT OF QUEEN S BENCH OF ALBERTA JUDICIAL DISTRICT OF EDMONTON BETWEEN PEARL ELIZABETH GOLDTHORPE AND JOHN ALFRED GOLDTHORPE - and - ANNE GRAHAM LOGAN AND KATHLEEN FITZPATRICK STATEMENT OF CLAIM Plaintiffs Defendants Cage & Fish Barristers & Solicitors Edmonton, AB T5P 0T1 Solicitors for the Plaintiffs who reside at Edmonton, Alberta. And whose address for service is c/o the said Solicitor and is addressed to the Defendants whose residence so far as known to the Plaintiffs is Edmonton, Alberta. C:\Documents and Settings\mregnier\Local Settings\Temp\Fictional Statement of Claim for Goldthorpe.wpd This Statement of Claim is issued by Cage & Fish. Solicitor for the Plaintiffs who reside at Edmonton and whose address for service is in care of the said solicitors. And is addressed to the Defendants whose residence as far as known to the Plaintiffs is Edmonton, Alberta Note to students: This is a fictional statement of claim drafted in 2000.