NOTICE OF CLAIM Court File No. ROB-P-C-2168906 IN THE PROVINCIAL COURT OF BRITISH COLUMBIA (SMALL CLAIMS COURT) REGISTRY LOCATION Robson Square FROM: NAME Ali Ibrahim CLAIMANT(S) Fill in the name, ad- ADDRESS #2103 - 1188 Pender Street West dress and telephone number of the person(s) CITY , TOWN , or business(es) making MUNICIPALITY Vancouver B.C. V6E 0A2 TEL. # 604-722-4948 the claim. PROV . POSTAL CODE TO: NAME Save-On-Foods Ltd DEFENDANT(S) Fill in the name, ad- ADDRESS 1800 - 1067 West Cordova Street NOTICE OF CLAIM dress and telephone number of the person(s) or business(es) the CITY , TOWN , MUNICIPALITY Vancouver B.C. V6C 107 TEL. # claim is against. PROV . POSTAL CODE WHAT Please see: Addendum to Notice of Claim. HAPPENED? Tell what led to the claim. Vancouver 21-Apr-21 REGISTRY- [ If you need more space to describe what happened, attach another page, mark it "Page 2 of the Notice of Claim" and check this box. A copy of the attached page must accompany each copy of the Notice of Claim WHEN? WHERE? CITY, TOWN, MUNICIPALITY Tell when this November 2018 and to date Tell where this happened. happened. PROV. B.C. HOW a Personal injuries, including bodily injuries, including spinal stenosis and soft tissue, mental i MUCH? injuries, chronic pain and pain and suffering $ 29,000100 Tell what is being b Loss of wages and/or loss of earning capacity claimed from the LEA 6,000 00 defendant(s). If the c Such other relief as this court may deem just and equitable. claim is made up o several parts, separate hem here and show the amount for each part. Add these amounts and fill in the total claimed. EA TOTAL 35,000 00 TIME LIMIT FOR A DEFENDANT TO REPLY The defendant must complete and file the attached reply within 14 days from being served with this notice, unless the defendant settles this claim directly + FILING FEES 156100 with the claimant. If the defendant does not reply, a court order may be made against the defendant without any further notice to the defendant. Then the + SERVICE FEES 80 . 00 defendant will have to pay the amount claimed plus interest and further expenses. court copy The Court Address for filing documents is: = TOTAL CLAIMED | $ 35, 236.00 100 - 800 Hornby Street, DEBT Vancouver, B.C. OTHER THAN DEBT V6Z 2E1 PIN FORM 1 SCL 001 04/201 (OPC 7530854501) court copyADDENDUM TO NOTICE OF CLAIM The Parties 1. Ali Ibrahim is a businessman, with an address of #2103 - 1188 Pender Street West, Vancouver, BC V6E 0A2 (the "Claimant Mr. Ibrahim"). 2. Save-On-Foods Lid. is a regional groceries and accessories retailer, located at 2308 Cambie Street, Vancouver, BC VV5Z 2T8 (Save-On-Foods #937), and with an address of service of 1800 - 1067 West Cordova Street, Vancouver, BC V6C 1C7 (the "Defendant Save-On-Foods"). 3. The Claimant Mr. Ibrahim is medically compromised and classify, individually and collectively, as "... persons with disabilities ..." in accordance with the relevant legislation applicable in the province of British Columbia, Canada, including but not limited to, the provisions of the Employment and Assistance for Persons with Disabilities Act [SBC 2002] Chapter 41. The Contract and the Incident 4. In or around November 2018, the Claimant Mr. Ibrahim entered into a contract with the Defendant Save-On-Foods for rental of good or services, including carpet- cleaning equipment (the "Carpet Cleaner"), and for a rental price of $246.39 (the "Contract"). 5. In or around November 2018, the Claimant Mr. Ibrahim used the Carpet Cleaner, and without any fault or negligence on his part, which left significant water residue, and significant and permanent stains, on his carpet of his home, located at #2103 - 1188 Pender Street West, Vancouver, BC V6E 0A2 (the "Incident"). 6. In light of the Incident, the good or services provided by the Defendant Save-On- Foods were defective and unfit for its purpose. 7. Further to Paragraph 6, the goods or services provided by the Defendant Save-On- Foods were not of "merchantable quality" in accordance with the provision of the Sale of Goods Act [RSBC 1996] Chapter 410. 8. In light of the foregoing, and as a result of the Incident, the Claimant Mr, Ibrahim put the Defendant Save-On-Foods on notice of serious safety concerns, including but not limited to "slip-and-fall" hazards. 9. Despite the Claimant Mr. Ibrahim's genuine efforts to mitigate the Incident, including but not limited to a formal written complaint, the Defendant Save-On-Foods failed and/or neglected to provide any resolution to the Incident. The Loss or Damage 10. In or around November 2018, and despite taking all precautions, the Claimant Mr. Ibrahim, without any fault or negligence on his part, suffered a significant fall, which was caused or contributed to, directly or indirectly, by the Incident site, and sustained serious bodily injuries, mental injuries, chronic pain and pain and suffering (collectively, the "Injuries").11. As a result of the Injuries, the Claimant Mr. Ibrahim was unable to undertake any work related to his employment (the \"Loss of Wages and/or Loss of Earnings\"). 12. In light of the Injuries and the Loss of Wages and/or Loss of Earnings, the Claimant Mr. Ibrahim has suffered loss or damage. 13. The Defendant Save-OnFoods is liable, directly or indirectly: for the loss or damage suffered by the Claimant Mr. Ibrahim. 14. The Claimant Mr. Ibrahim has taken all reasonable steps to mitigate his loss or damage as alleged herein. April 21, 2021