V- iw SOI ZY ua € lv Se Courts of Justice Act INFORMATION FOR COURT USE ONTARIO. SUPERIOR COURT OF JUSTICE JUDI KOBRICK AND RONALD KOBRICK PLAINTIFFS AND A GOVERNING COUNCIL OF THE UNIVERSITY OF TORONTO AND MASTER AND FELLOWS OF MASSEY COLLEGE V/A THE GOVERNING COUNCIL OF MASSEY COLLEGE DEFENDANTS INFORMATION FOR COURT USE 1. This proceeding is an: Ix} Acton U1 Applicaton 2. Hasitbeen commenced unde th Clas Proceedings At, 1992? U1 96s 1% 3. the proceeding is an action, does Rule 76 (Simplified Procedure) apply? Mf Yes A No Note: Suber othe exceptions found in ube 76.1() ts MANDATORY to proceed ander Rade 76 forel cases in wich he money amount claimed rte val of real or personal propery claimed is $10,000 oles. 4. ‘The claim inthis proceeding (ation rappin isin reset of: (Select te one tem that Best describes the naar a th main claim in the proceeding) Banzai or nslieny i [] [Mtr stil aie TT Collection of liquidated debt L]__|[ Municipal few Ly Constintonl aw [Paresh a C1 Consmeton aw (han const Te) [Personal proper sear 1 (Consrvton en [Prt ibiliy o [Contract lw “(| Professional malpractice (ther than medical) 1 Corporate [Ral propery alang eases; excluding mariage or hangs) —[] Defamation ‘Tort: economic injury (other than from medical or professional [ ] impoymen abou aw [apres Intellectual property law (1 Ion: personal injury (ther than from motor vehicle accident) _[X ]. cial review [Fis fiduciary dy tr Medical malpracice [Wills estes Ht Morgage or care o CERTIFICATION ere be Sum 2 4A AU/ 1] Sera oftavyer {ifno lawyer. party mus sign) RCP-E 14F (November 1, 2008)Court File No. /1Z/g Ogi (RR ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN. JUDI KOBRICK AND RONALD KOBRICK (Cour sea) PLAINTIFFS and THE GOVERNING COUNCIL OF THE UNIVERSITY OF TORONTO AND MASTER AND FELLOWS OF MASSEY COLLEGE O/A THE GOVERNING COUNCIL OF MASSEY COLLEGE DEFENDANTS STATEMENT OF CLAIM TO THE DEFENDANTS: ALEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the plaintiffs). The claim made against you is set out in the following pages. 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(s) do(es) not have a lawyer, serve it on the plaintiffs), and file it, with proof of service, in this court office, WITHIN TWENTY DAYS after this statement of claim 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. 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.TAKE NOTICE: THIS ACTION WILL AUTOMATICALLY BE DISMISSED ff it has not been set down for trial or terminated by any means within five years after the action was ‘commenced unless otherwise ordered by the Court. Roper rar Date: September 2} , 2016. Issued by Local registrar Address of court office: 393 University Avenue 10th Floor Toronto, Ontario MSG 16 TO: THE GOVERNING COUNCIL OF THE UNIVERSITY OF TORONTO The Office of the Governing Council Room 106, Simcoe Hall 27 King's College Circle University of Toronto Toronto, Ontario M5S 1A1 AND TO: ‘THE MASTER AND FELLOWS OF MASSEY COLLEGE O/A THE GOVERNING COUNCIL OF MASSEY COLLEGE 4 Devonshire Place Toronto, Ontario M5S 2E1{IS ACTION IS BROUGHT AGAINST YOU UNDER THE SIMPLIFIED PROCEDURE PROVIDED IN RULE 76 OF THE RULES OF CIVIL PROCEDURE. CLAIM 1 THE PLAINTIFFS CLAIM: A As to the Plaintiff, Judi Kobrick (hereinafter referred to as "the Plaintiff Judi (a) (b) (c) @) () General Damages in the amount of $100,000.00; Special Damages in an amount to be ascertained; Prejudgment and Postiudgment Interest pursuant to the provisions of the Courts of Justice Act, R.S.0. 1990, c. C.43 as amended; Costs of this action together with applicable Harmonized Sales Tax thereon in accordance with the Excise Tax Act, R.S.C. 1985, c. E.15 as amended; and ‘Such further and other relief as this Honourable Court may deem just; B. As to the Plaintiff, Ronald Kobrick (hereinafter referred to as "the Plaintiff Ronald") (a) (b) (co) (@) Damages pursuant to the provisions of the Family Law Act, R.S.O. 1990, c.F.3 as amended in the amount of $20,000.00; Prejudgment and Postjudgment Interest pursuant to the Courts of Justice Act, R.S.O. 1990, c.C-43 as amended; Costs of this action together with applicable Harmonized Sales Tax thereon in accordance with the Excise Tax Act, R.S.C. 1985, c.E-15, as amended; and ‘Such further and other relief as this Honourable may deem just. 2. The Plaintiff Judi resides in the City of Toronto, Province of Ontario. 3. The Plaintiff Ronald resides in the City of Toronto in the Province of Ontario and is the husband of the Plaintiff Judi and brings this action pursuant to the provisions of the Family Law Act, R.S.O. 1990, oF.3 as amended.4, TheDefendant, The Governing Council of the University of Toronto, is the governing body operating in and under the laws of Ontario. 5. The Defendant, Master of Fellows of Massey College is a registered Charity operating in Ontario as The Governing Council of Massey College. 6. The Defendants together with their employees and agents were at all material times owners and/or occupiers of Massey College, located at 4 Devonshire Place, Toronto, Ontario (hereinafter referred to as “the premises’) pursuant to the provisions of the Occupiers Liability Act, R.S.O. 1990, c. 0.2 as amended and were responsible for the control, care, management, safety, maintenance, repair, custody of design, operation and other obligations in relation to the premises. 7. Onorabout the 1st day of October, 2014 at approximately 2:30 p.m., the Plaintiff attended at Massey College and was walking in a careful and prudent manner when suddenly and without warning, through no fault of her own, she slipped and fell off the top of a flight of stairs, thereby suffering severe and permanent personal injuries to, inter alia, her shoulder, elbow and other parts of her body.8. The Plaintiffs pleads that the fall and resulting injuries were caused by the negligence, breach of the Building Code, breach of the City of Toronto Municipal Code, and breach of the Occupiers' Liability Act of the Defendants and/or their servants, agents cor employees for whose negligence the Defendants are in law responsible in that (a) (b) (©) (a) (e) ( (9) (hy i (kK) ) (m) They failed to take reasonable or any care to ensure that the Plaintiff would be safe while attending at the premises; They permitted the Plaintiff to use the premises when they knew or ought to have known that it was unsafe or dangerous: to do so; They failed to take reasonable or any steps to ensure that the floor and stairs at the premises were kept clean and dry; They employed incompetent servants or agents; They failed to instruct properly or at all, their servants, agents or employees; They failed to supervise properly or at all, their agents or employees; They failed to give the Plaintiff reasonable or any adequate or effective warning of the dangers of using the premises; They caused or permitted the area in question at the premises to become and remain a danger and trap to the Plaintiff; They failed to have a carpet, floor mat or other type surface in place to prevent water from accumulating at the premises; They failed to have a handrail in place; They failed to have a tread surface at the premises which was slip resistant; They failed to ensure that the premises complied with the Building Code, the City of Toronto Municipal Code and Building By-Laws; They failed to ensure that the edge of the landing and steps had demarcations, causing a danger to the Plaintiff Judi;(n) They failed to take reasonable or any steps to implement a program or procedure for the routine inspection of the floor and/or stairs at the premises where the casualty occurred when such system or procedure was appropriate under the circumstances and would have alerted the Plaintiff Judi to the presence of the danger or would have prevented the Plaintiff Judi from falling; (0) _ They operated the premises which was a danger; (p) They caused to exist or permitted to exist a hidden and unusual danger; and (q) They knew or ought to have known that the premises on the occasion in question was unsafe and constituted an unusual danger to the members of the public and in particular, the Plaintiff Judi. 9. As a result of the Defendants’ negligence, breach of the Occupiers' Liability Act, breach of the Building Code and breach of the City of Toronto Municipal Code, the Plaintiff Judi sustained serious and permanent injuries including, inter alia, an acute undisplaced fracture of greater tuberosity of left humerus, fatigue, weakness, pain and tenderness at the location of the trauma. 40. Asa result of the casualty aforementioned, the Plaintiff Judi sustained serious and lasting permanent and personal injuries. The Plaintiff Judi’s normal pattem of life was and is altered and she suffers loss of income, disability, inconvenience and loss of enjoyment of life. The injuries suffered by the Plaintiff Judi has been accompanied by great pain and suffering, profound physical and emotional shock, weakness, stiffness, discomfort, distress, emotional upset, anxiety and depression.44, Asa further result of the casualty aforementioned, the Plaintiff Judi has undergone and will continue to undergo medical treatments, physiotherapy treatments in hospital, treatments with drugs and other treatments. The Plaintiff Judi has been put through medical, drug, hospital, travelling, care and other out-of-pocket expenses, the details of which are not at the present time known but the particulars of which will be given to the Defendants prior to the trial ofthis action. The Plaintiff Judi has lost income, the ability to eam an income and will continue to lose income in the future. Furthermore, the Plaintiff Judi has suffered a loss of competitive advantage as a Psychologist and has suffered and will continue to suffer loss of income. Further expenses, care costs and losses of this nature will be incurred in the future. 42. Asa further result of the injuries and damages suffered by the Plaintiff Judi, the Plaintiff Ronald has been deprived of the benefit of the support, care, service, comfort, guidance and companionship normally provided by the Plaintiff Judi and the Plaintiff Ronald claims damages for the loss of the past support, care, service, comfort, guidance and companionship pursuant to the Family Law Act, R.S.0. 1990, c.F.3. As well, the Plaintiff Ronald has incurred expenses and has provided nursing and other services to the Plaintiff and therefore claims compensation for his loss of income, expenses incurred and services provided. The Plaintiff undertakes to provide the full particulars of this claim prior to the trial of this action.13. The Plaintiffs plead and rely upon the following: (a) The Negligence Act, R.S.0. 1990, c.N.1; (b) The Occupiers' Liability Act, R.S.O. 1990, c.0.2; and (c) Building Code Act, S.O. 1992, c. 23; and (d) The City of Toronto Municipal Code, c. 629, s. 19. The Plaintiffs propose that this action be tried at Toronto. Date of issue: September 2P 2016 Seb S SCAN oRPORATION rH eters ana Solicitors ar ungas Street West rant, On MB 2 IANNY, S. SOLNII (LSUC NO. Soabah) 418} 77-2998 (Fo) Solicitors for the PlaintiffsBRICK AND RONALD KOBRICK ans PLAINTIFF ( if AND THE GOVERNING COUNCIL OF THE UNIVERSITY OF TORONTO ET AL. DEFENDANTS LACS IAZ Court File No. ONTARIO SUPERIOR COURT OF JUSTICE Proceeding commenced at TORONTO. STATEMENT OF CLAIM DYE & DURHAM CFS SOLNIK & SOLNIK PROFESSIONAL CORPORATION Barristers and Solicitors 2991 Dundas Street West roronto, Ontario M6P 124 MANNY S. SOLNIK. (LSUC NO. 34484H) G48} 787-2788 (Fak) Solicitors for the Plaintiffsny, Court File No.: CV-16-561122 ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN: JUDI KOBRICK and RONALD KOBRICK Plaintiffs -and- THE GOVERNING COUNCIL OF THE UNIVERSITY OF TORONTO and MASTER AND FELLOWS OF MASSEY COLLEGE 0/A THE GOVERNING COUNCIL OF MASSEY COLLEGE Defendants NOTICE OF INTENT TO DEFEND ‘The Defendants intend to defend this action. October 21, 2016 BLACK, SUTHERLAND LLP Barristers & Solicitors 130 Adelaide Street West Suite 3425, P.O. Box 34 Toronto, Ontario MSH 3P5 ASHLEY ARTOPOULO (5669SN) Tel: 416-361-1500 Fax: 416-361-1674 Lawyers for the Defendants, ‘The Governing Council of the University of Toronto and Master And Fellows of Massey College