No. $118765 Vancouver Registry or mui SUPREME COURT OF BRITISH COLUMBIA -OLUMBI} HeRPEIRE eo Fi B02 Aecare! ELIZABETH EDWARDS AND JOHN PHILIP JAMES PINEL PLAINTIFFS PARKINSON'S HEATING LTD. AND KENORAH CONSTRUCTION & DESIGN LTD. DEFENDANTS CONSENT ORDER DAUDGEOPTHECOGRE ‘| Dore BEFORE ) GhMASPRROPTHECOERT ) ) This_at*day of Taewon. 2015 er GYA REGISTRAR ON THE APPLICATION of the Plaintiffs, Margaret Elizabeth Edwards and John Philip James Pinel, without a hearing and, by consent. 1. THIS COURT ORDERS that the Plaintiff's, Margaret Elizabeth Edwards and John Philip James Pinel, be at liberty to amend the Notice of Civil Claim as set out in the Amended Notice of Civil Claim, attached as Schedule “A”. ‘The following parties approve the form of this Order and consent to each of the orders noted ENDORSEMENTS ATTACHED DM_VAN 283468 0001981926.si\eleS above: ‘Signature of William T. Morley, Q.C. Lawyer for the Plaintiffs, Margaret Elizabeth. Edwards and John Philip James Pinel Signature of Christopher Rhone Lawyer for the Defendants, Parkinson's Heating Ltd. and Kenorah Construction & Design Ltd. DDM_VAN285468 00018981925 1Schedule “A” Amended pursuant to Rule 6-1(1)(b) Original Notice of Civil Claim filed December 21, 2011 No. 118765 ‘Vancouver Registry IN THE SUPREME COURT OF BRITISH COLUMBIA BETWEEN: MARGARET ELIZABETH EDWARDS AND JOHN PHILIP JAMES PINEL PLAINTIFFS PARKINSON'S HEATING LTD. AND KENORAH CONSTRUCTION & DESIGN LTD. DEFENDANTS AMENDED 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 (b) serve a copy of the filed response to civil claim on the plaintiff. If you intend to make a counterclaim, you or your lawyer must (a) 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 (©) serve a copy of the filed response to civil claim and counterclaim on the plaintiff and on any new parties named in the counterclaim. DM_VAN/245458.00001/8981920.1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 plaintiffs, (a) __if'you were served with the notice of civil claim anywhere in Canada, 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 PLAINTIFFS Part 1: STATEMENT OF FACTS ik ‘The Plaintiff, Margaret Elizabeth Edwards, is retired and resides at 4182 Staulo Crescent, Vancouver, B.C. (the “Residence”). ‘The Plaintiff, Dr. John Philip James Pinel, is a retired professor, neuropsychologist and author and resides at the Residence with Ms. Edwards. Dr. Pinel was a professor at the University of British Columbia (“UBC”) and retired in June 2008. He has also written numerous textbooks over his career on neuropsychology, and he continues to write textbooks although retired from UBC. Ms, Edwards is married to Dr. Pinel and assists him in writing, editing and publishing his textbooks. In her retirement, she has begun teaching osteo-fit and weight training courses for seniors. ‘The Defendant, Parkinson’s Heating Ltd. (“Parkinson's”), is a company duly corporated in British Columbia with a registered office at 7566 ~ 134A Street, Surrey, British Columbia. Parkinson’s is a residential heating company that sells, installs and services heating products. ‘The Defendant, Kenorah Construction & Design Ltd. (“Kenorah”) is a company duly incorporated in British Columbia with a registered office at 1130 - 400 Burrard Street, ‘Vancouver, British Columbia. Kenorah constructs and renovates homes. DM_VAN283468. 000018981920.poo. WL 15. 17, 18. 10. 12. 1B. 14, 16. a ‘At all material times, Ms. Edwards and Dr. Pinel lived together in the Residence, a two- storey house heated by three gas fireplaces. The living room fireplace (the “Fireplace”), situated on the second floor, provided most of the heat for the Residence. Ms, Edwards and Dr. Pinel hired Parkinson’s to service and maintain the Fireplace. In 2007, Ms. Edwards and Dr. Pinel moved out of the upper (second) floor of their Residence for renovations (the “Renovations”). Ms. Edwards and Dr. Pinel hired Kenorah as their general contractor for the Renovations, who in tum hired Parkinson’s as its subcontractor. Kenorah or Parkinson's removed the Fireplace and stored it in the garage of the house. In or about June, 2008, Parkinson's or Kenorah re-installed and re-connected the Fireplace, In or about November, 2008, Ms, Edwards and Dr. Pinel moved back into the upper level of the Residence. At that time, Ms, Edwards and Dr. Pinel noticed a hinge on the Fireplace was broken and embers were missing. Kenorah refused to return to the house to investigate. On or about February 10, 2009, all the fireplaces in the house were serviced by Parkinson's. At this visit, the Parkinson's agent fixed the broken hinge on the Fireplace, replaced the missing embers and re-connected a fan. In 2009, Ms. Edwards and Dr. Pinel developed symptoms including headaches, loss of balance, loss of concentration, inability to complete simple tasks and multi-task, nausea, and fatigue. On or about November, 2009, all the fireplaces in the house were serviced again by Parkinson's. On or about January 1 to 4, 2010, Ms. Edwards and Dr. Pinel suffered from serious headaches, nausea, and loss of appetite. On or about January 4, 2010, as a result of their symptoms, Ms. Edwards and Dr. Pinel contacted their gas supplier, Terasen Gas (now FortisBC Energy Inc.), who told them to leave the residence immediately. Shortly afterward, a technician from Terasen Gas came to the Residence and inspected all ‘gas sources in the house: the range, the hot water heater, and the three fireplaces. The technician measured the level of carbon monoxide in the air and informed Ms. Edwards and Dr. Pinel the Fireplace was leaking carbon monoxide gas (the “Gas Leak”). The technician tumed off the gas supply, tagged the Fireplace with a red card that stated “Danger — Notice of Hazardous Condition”. On or about January 12, 2010, a gas fitter from Parkinson’s went to the Residence to inspect the Fireplace. The gas fitter found the Fireplace was not connected or not properly connected to the vent. ‘DM _VAN/280468. 00001898192014. 19. The Gas Leak was caused or contributed to by the negligence of Parkinson’s, particulars of which are as follows: @ (b) (c) @ © ® failing to properly install the Fireplace after the Renovations; failing to properly and adequately inspect the Fireplace during its service visits in February, 2009 and November, 2009; failing to adequately service, maintain and repair the Fireplace; failing to properly test, or test at all, for gas leaks after installing and servicing the Fireplace; failing to properly instruct Ms. Edwards and Dr. Pinel regarding maintenance and inspection of its equipment, warning signs of gas leaks, or otherwise failing to provide adequate information regarding the operation of the Fireplace; and such further and other particulars not currently known to the Plaintiffs. 20. The Gas Leak was caused or contributed to by the negligence of Kenorah, particulars of which are as follows: @ () © @ © (C3) ® hy) failing to properly remove, store, cover, and care for the Fireplace during the Renovations; failing to properly install the Fireplace after the Renovations; failing to hire competent subcontractors to install the Fireplace with reasonable care and skill; failing to oversee the installation of the Fireplace after the Renovations with the care and diligence of a prudent and competent general contractor; failing to properly test, or test at all, for gas leaks after the Fireplace was installed; failing to inspect the Fireplace after being notified a hinge was broken and embers were missing; failing to properly instruct Ms. Edwards and Dr. Pinel regarding maintenance and inspection of its equipment, warming signs of gas leaks, or otherwise failing to provide adequate information regarding the operation of the Fireplace; and such further and other particulars not currently known to the Plaintiffs. 21. As a result of the Gas Leak, Ms. Edwards and Dr. Pinel were exposed to carbon ‘monoxide at a level that caused them both short and long term injuries and other loss and damage. ‘DM _VAN283468. 0000178981920.22, 23. 24, 25. 26. 21. “5. In particular, Ms. Edwards has sustained the following (a) headaches; (b) loss of balance and coordination; (©) _ shortness of breath; (nausea; (©) fatigue; (6) memory loss and difficulty with focus and concentration; (g) inability to perform simple tasks or multi-task; (h) depression and loss of motivation. Dr. Pinel has sustained the following injuries: (@) headaches; (b) loss of balance and coordination; (©) shortness of breath; (@) nausea; (© fatigue; (memory loss and difficulty with focus and concentration; (g) inability to perform simple tasks or multi-task; (bh) depression and loss of motivation. ‘As a result of the injuries, the Plaintiffs, and each of them, have been caused pain and suffering, mental anxiety, loss of enjoyment of life, and loss of amenities. The Plaintiffs, and each of them, have required, and will require further, medical treatment and rehabilitation. ‘The Plaintiffs, and each of them, have sustained a loss of income, loss of income earning capacity, and loss of income earning opportunities. ‘The PlaintiffS, and each of them, have sustained certain special damages and expenses, particulars of which will be provided prior to the trial of this action. _DM_VAN282468,00001/8981920.1Part 2: a Part 3: C6 ‘The Plaintiffs are beneficiaries pursuant to the Medicare Protection Act R.BC. 1996, c. 286. The Plaintiffs have/will receive health care services as defined by the Health Care Costs Recovery Act, S.B.C. 2008, . 27, and are claiming the costs of those past and future health care services under the Health Care Costs Recovery Act from the Defendants. RELIEF SOUGHT ‘The Plaintiffs claim for judgment against the Defendants, and each of them, for: (a) general damages; (b) special damages; (©) costs; (@ interest pursuant to the Court Order Interest Act, RS.B.C., 1996, ¢. 79; (©) such further and other relief as to this Honourable Court seems just. LEGAL BASIS Parkinson’s 1. At all material times, Parkinson's owed the PlaintiffS, and each of them, a duty of care to perform its services related to the Fireplace in a prudent and competent manner with reasonable skill, care and diligence, and Parkinson’s breached its duty of care. ‘The Gas Leak was caused or contributed to by the negligence of Parkinson’s, particulars of which are described in paragraph 19. Parkinson’s had a contract with Ms. Edwards and Dr. Pinel to perform installation and maintenance services for the Fireplace. Parkinson’s breached an express or implied term of its contract with Ms. Edwards and Dr. Pinel by failing to provide its services in a prudent and competent manner or with reasonable skill, care or diligence. Kenorah cs At all material times, Kenorah owed the Plaintiffs, and each of them, a duty of care to perform its renovation services in a prudent and competent manner with reasonable skill, care and diligence, and Kenorah breached its duty of care, ‘The Gas Leak was caused or contributed to by the negligence of Kenorah, particulars of which are described in paragraph 20. _DM_VAN'283468.0000178981920.14 TE Kenorah had a contract with Ms. Edwards and Dr. Pinel to oversee and conduct the Renovations on the Residence, including installing the Fireplace. Kenorah breached an express or implied term of the contract with Ms. Edwards and Dr. Pinel by failing to install the Fireplace, either directly or by its subcontractor, Parkinson’s, in a prudent and competent manner or with reasonable skill, care or diligence. In the alternative, Parkinson's was an agent of Kenorah with respect to the Renovations, and therefore, Kenorah is liable for damages caused by the negligence and/or breach of contract of Parkinson’s, Damages 10, arr 12. ‘As a result of the breach of contract and/or the breach of the duty of care of the Defendants, and each of them, Ms. Edwards and Dr. Pinel each suffered injury, toss and damage, the particulars of which are described in paragraph 23 with respect to Ms. Edwards, and paragraph 24 with respect to Dr. Pinel. The Plaintiffs rely on the provisions of the Medicare Protection Act R.S.B.C. 1996, c. 286, and amendments thereto. The Plaintiffs rely on the provisions of the Health Care Costs Recovery Act, S.B.C. 2008, c. 27, and amendments thereto. Plaintiffs’ address for service: Fasken Martineau DuMoulin LLP 2900 - 550 Burrard Street Vancouver, B.C. V6C 0A3 Fax number address for service (if any): n/a E-mail address for service (if any): na Place of trial: Vancouver, BC The address of the registry is: 800 Smithe Street, Vancouver, B.C. V6Z 2E1 DM_VAN/a8346, 000019819201Dated: Signature of Plaintiff & Lawyer for Plaintiff William T. Morley, Q. Rule 7-1(1) of the Supreme Court Civil Rules states: (1) Unless all parties of record consent or the court otherwise orders, each party of record to an action must, within 35 days after the end of the pleading period, (a) prepare a list of documents in Form 22 that lists () all documents that are or have been in the party’s possession or control and that could, if available, be used by any party at trial to prove or disprove a material fact, and (ii) all other documents to which the party intends to refer at trial, and (b) serve the list on all parties of record. _DM_VAN283468.000018951920.1APPENDIX Part 1: CONCISE SUMMARY OF NATURE OF CLAIM: Personal injury claim arising from gas leak/carbon monoxide poisoning, Part 2: THIS CLAIM ARISES FROM THE FOLLOWING: A personal injury arising out of OQ —_amotor vehicle accident medical malpractice % another cause A dispute concerning: contaminated sites construction defects real property (real estate) personal property the provision of goods or services or other general commercial matters investment losses the lending of money ‘an employment relationship 8 will or other issues concerning the probate of an estate a matter not listed here rt 3: THIS CLAIM INVOLVES: class action maritime law aboriginal law constitutional law conflict of laws none of the above do not know 98000007 ocooooooooo Part 4: Medicare Protection Act R.S.B.C, 1996, c. 286. Health Care Costs Recovery Act. S.B.C. 2008, ¢.27 Court Order Interest Act, R.S.B.C., 1996, ¢. 79 The Solicitors for the Plaintiffs, Margaret Elizabeth Edwards and John P.J. Pinel are Fasken Martineau DuMoulin LLP, whose office address and address for delivery is 2900 - 550 Burrard Street, Vancouver B.C. V6C 0A3 Telephone: 604 631 3131 Facsimile: 604 631 3232. (Reference: William T. Morley, Q.C. 283468.00001/13998) DM_VAN283468,00001981920.1