ii. Any defences that may be raise by Timeless Beauty; iii. On what basis, if any, could

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Question:

ii. Any defences that may be raise by Timeless Beauty;

iii. On what basis, if any, could Timeless Beauty be liable for Ken's actions;

iv. The avenues of dispute resolution available to the parties, including the factors the parties should consider in assessing the avenues;

v. It there was a two-year limitation period what would that mean for Lyle's action against Timeless Beauty;

vi. The remedies available to Lyle should he succeed in his court action against Timeless Beauty.

Timeless Beauty Inc. is in the business of providing non-surgical cosmetic procedures to reduce the signs of aging. Its goal is to produce a natural look that accentuates their client's best features. While Timeless Beauty's primary business is Botox and Fillers, it takes pride in being able to offer its clientele a full range of beauty services, including laser hair removal. Timeless Beauty is the largest non-surgical cosmetic procedure business in Canada with clinics across the country. It employs a variety of health care professional and beauty technicians in the delivery of its broad range of services. Lyle, a professional body builder who competes in body building competitions around the world, has decided to have his unwanted back hair permanently removed.

He attended a Timeless Beauty Clinic to receive laser removal of his unwanted hair. On the day that Lyle had his first laser treatment the technician scheduled to provide the service was ill. As a result, Ken, a junior technician who had not yet completed his full training, was assigned to perform the treatment. Before commencing the treatment, Ken gave Lyle a form to sign advising him it was just a form for billing purposes". Lyle did not read the form and simply signed where indicated by Ken. The form was actually a Waiver whereby Lyle agreed not to sue Timeless Beauty or its employees for any injury or loss associated with the laser hair removal treatment. Ken did not take a medical history from Lyle as required under Timeless Beauty's company policy. Had he followed the company's policy he would had determined that Lyle has a severe allergy to latex.

Unbeknownst to Lyle who was lying face down on the treatment table, Ken performed the entire treatment wearing latex gloves and continued with the treatment despite Lyle's complaints that he was experiencing significant pain. Ken repeatedly reassured him "no pain, no gain". Unfortunately, as a result of the laser treatment Lyle had a severe allergic reaction and was left with permanent scarring on his back. The pain and trauma he experienced resulted in him being unable to work for an extended period of time and he also had to withdraw from a world body building championship in Brazil, which was non-refundable. Lyle continues to be traumatized by his experience. He no longer socializes with family and friends, has stopped going to the gym and requires ongoing psychological counseling. Lyle has decided to sue Timeless Beauty. Your analysis and discussion should include: .i. The nature of the action that Lyle may take against Timeless Beauty;