or ai Tes coLUE g NCO} er RecA 9c 184581 APa 12 201g Vanes maver Registry ae SUPREME COURT OF BRITISH COLUMBIA BETWEEN: VANCOUVER COASTAL HEALTH AUTHORITY PLAINTIFF AND: YAN XIA DEFENDANT NOTICE OF CIVIL CLAIM This action has been started by the plaintiffs for the relief set out in Part 2 below. If you intend to respond to this action, you or your lawyer must: (@ file a response to civil claim in Form 2 in the above-named registry of this court within the time for response to civil claim described below, and (©) serve a copy of the filed response to civil claim on the plaintiff. Ifyou intend to make a counterclaim, you or your lawyer must: (@) file a response to civil claim in Form 2 and a counterclaim in Form 3 in the above- named registry of this court within the time for response to civil claim described below, and (b) serve a copy of the filed response to civil claim and counterclaim on the plaintiff and on any new parties named in the counterclaim. JUDGMENT MAY BE PRONOUNCED AGAINST YOU IF YOU FAIL to file the response to civil claim within the time for response to civil claim described below. Time for response to civil claim A response to civil claim must be filed and served on the plaintiff, 12APREB_ 1306706 RESSPart 1: 3. (a) _ if you were served with the notice of civil claim anywhere in Caneda, within 21 days after that service, (b) if you were served with the notice of civil claim anywhere in the United States of America, within 35 days after that service, (©) __ if you were served with the notice of civil claim anywhere else, within 49 days after that service, or (@ __ if the time for response to civil claim has been set by order of the court, within that time. CLAIM OF THE PLAINTIFF STATEMENT OF FACTS ‘The plaintiff is a regional health authority operating pursuant to the provisions of the Health Authorities Act. ‘The defendant was, at all materials times, a non-resident of Canada. In or about the spring of 2012, the defendant was admitted to the Richmond Hospital (the “Hospital”), a facility operated by the plaintiff. ‘The Hospital provided treatment and other services to the defendant including matemity and neonatal care (the “Services”), By accepting the Services, the defendant expressly or impliedly agreed: (@) to pay the plaintiff at its non-resident rate schedule (the “Rate Schedule”) for the Services upon being invoiced; and (b) interest at the rate of 2% per month on any overdue accounts (the “Interest Rate”). (the “Agreement”) On or about October 23, 2012 the plaintiff invoiced the defendant for the Services in accordance with the Rate Schedule in the amount of $312,595.00 (the “Amount Owing”),7. In breach of the terms of the Agreement, the defendant has not paid the Amount Owing nor any portion thereof, Part 2: RELIEF SOUGHT 1. Judgment against the defendant in the Amount Owing and prejudgment interest thereon at the Interest Rate, alternatively, at the rate prescribed in the Court Order Interest Act. 2. Costs, 3. Such further relief as may seem just to the Court. Part 3: LEGAL BASIS ‘The Agreement forms a valid and binding contractual relationship between the parties and the defendant's non-payment of the Amount Owing constitutes a breach thereof, 2. Altematively, the plaintiff is entitled to compensation for the Services rendered on a quantum meruit basis. Plaintiff's address for service: Vertlieb & Co. Suite 16 - 988 Beach Avenue Vancouver, BC, V6Z 2N9 Attention: David K. Georgetti The address of the Court Registry is: Dated: April 11, 2018 800 Smithe Street, Vancouver, British Columbia Counsel for the plaintiff, a David K. Georgetti