Lily Jones is a 45-year-old plumber working for herself as a sole proprietor under the trade name of BlueLilyPlumbing and lives at 19 Pigeon Cove, Okotoks, Alberta, with her two huskies and husband. Lily is an avid hiker and skier. You can find her in the mountains with her two dogs when not working. Sasha Yacencek is a freelance website designer and works out of her home at 24 Knights Drive, Calgary. In February of this year, she had problems with her basement washroom and called BlueLilyPlumbing for service.

On February 6, 2022, Lily arrived at Sasha's home. When Sasha opened the door to the basement, she noticed that she had left some boxes on the stairs that were partially blocking the way down. Sasha states that she asked Lily if she wanted her to remove the boxes, but the plumber said it would be alright to leave them there, but Lily does not remember this and denies Sasha ever saying anything about the boxes. Sasha went back to work in her office after opening the door to the basement for Lily. A few minutes later, Sasha heard Lily cursing loudly (she assumed that something was not going right with the task) and then heard a loud noise coming from the basement. She suspected that something was going on and went to the top of the stairs. When Lily was descending the stairs, she tripped on one of the boxes and fell into the basement. Lily got up and told Sasha that she was "ok," repaired the leaky toilet, and left. Lily was limping slightly but appeared not seriously injured when she left.

After leaving Sasha's house, Lily did not feel very well and made her way to a drop-in clinic. Dr. Who examined Lily and noted that she suffered a strain in the left arm, abrasions, and bruising to her left arm and leg and overall seemed to be very distraught. The doctor also noted that Lily's shirt and trousers were ruined. Dr. Who told Lily that she needed at least two weeks to recover from the fall, prescribed a variety of costly painkillers and a sedative. Dr. Who noted Lily's anxiety and determined that a sedative would help her heal faster. Lily did not work for two weeks. She required medical treatment, including subsequent visits to the hospital, x-rays, doctor's visits, medication, massage therapy, and physiotherapy. Lily estimates that in the two weeks off work, she lost about $5,000.00 in income and spent so far at least $2,000.00 on medication, massage therapy, and physiotherapy, and gasoline to travel to and from home to see the doctors. Doctors have told her that she may feel the effects of the injury for years to come. She cannot spend as much time playing and walking with her two dogs or her husband, dramatically affecting her life. She has also started seeing a therapist to help cope with depression.

Lily talked to a lawyer who advised her to sue Sasha for compensation following her recovery. Lily does not want to spend the money to hire a lawyer to prepare the Civil Claim and decides to do it independently.

During her visit, the lawyer estimated Lily's non-pecuniary general damages for pain and suffering and loss of amenities and enjoyment of life to be somewhere between $30,000 and $50,000.00. Lily would like to sue for the maximum amount possible.

Question:

1. Where (level of court & city) would Lily file the Civil Claim, and why? 

2. What is the maximum quantum of damages that Lily can seek in the Provincial Court? 

3. What is the document's name that Sasha will file with the court in response to Lily's Civil Claim? 

4. What legislation applies to the fact pattern? (1 point) What sections of the legislation? If there are a breach of the legislation, why yes or no? 

Answer rating: 100% (QA)

Lily should file case in state court of Alberta because this is the lowest court available to handle ... View the full answer