Court File No.

/N° du dossier du greffe: CV-20-00001332-00CP

Court File No.

ONTARIO
SUPERIOR COURT OF JUSTICE
Electronically issued
: 05-May-2020
Délivré par voie électronique
B E T W E E N:
Milton

IRENE BOBYK, as litigation administrator for

THE ESTATE OF ROSE BOBYK-SEMBAY, deceased,
and, IRENE BOBYK, personally
Plaintiffs

and

OXFORD LIVING, LLC, OXFORD SC LUNDY NIAGARA INC,

and OXFORD SC MASTER LP
c.o.b. LUNDY MANOR RETIREMENT RESIDENCE

Defendants

Proceeding Under the Class Proceedings Act, 1992

STATEMENT OF CLAIM

TO THE DEFENDANT(S)

A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the

plaintiff. The claim made against you is set out in the following pages.

IF YOU WISH TO DEFEND THIS PROCEEDING, you or an Ontario lawyer

acting for you must prepare a statement of defence in Form 18A prescribed by the
Rules of Civil Procedure, serve it on the plaintiff's lawyer or, where the plaintiff does
not have a lawyer, serve it on the plaintiff, and file it, with proof of service, in this
court office, WITHIN TWENTY DAYS after this statement of claim is served on
you, if you are served in Ontario.

If you are served in another province or territory of Canada or in the United

States of America, the period for serving and filing your statement of defence is
forty days. If you are served outside Canada and the United States of America,
the period is sixty days.

Instead of serving and filing a statement of defence, you may serve and file
a notice of intent to defend in Form 18B prescribed by the Rules of Civil Procedure.
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This will entitle you to ten more days within which to serve and file your statement
of defence.

IF YOU FAIL TO DEFEND THIS PROCEEDING, JUDGMENT MAY BE

GIVEN AGAINST YOU IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE
TO YOU. IF YOU WISH TO DEFEND THIS PROCEEDING BUT ARE UNABLE
TO PAY LEGAL FEES, LEGAL AID MAY BE AVAILABLE TO YOU BY
CONTACTING A LOCAL LEGAL AID OFFICE.

TAKE NOTICE: THIS ACTION WILL AUTOMATICALLY BE DISMISSED if

it has not been set down for trial or terminated by any means within five (5) years
after the action was commenced unless otherwise ordered by the court.

Date Issued by
Local Registrar

Address of 491 Steeles Avenue East

court office: Milton, ON L9T 1Y7

TO: OXFORD LIVING, LLC

5420 North Service Road
Suite 201
Burlington, ON L7L 6C7

OXFORD SC LUNDY NIAGARA INC.

19 Lesmill Road
Toronto, ON M3B 2T3

OXFORD SC MASTER LP
22 Adelaide Street West
Suite 3600
Toronto, ON M5H 4E3

LUNDY MANOR RETIREMENT RESIDENCE

7860 Lundy’s Lane
Niagara Falls, ON L2H 1H1
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CLAIM

1. The Plaintiffs claim as against the Defendants:

(a) Compensatory damages for negligence, breach of contract and

wrongful death in the amount $10,000,000.00;

(b) Punitive and exemplary or aggravated damages in the amount of

$10,000,000.00, or such other amount as may be proven at trial;

(c) Cost of insured health services provided by the Ontario Health

Insurance Plan (“OHIP”) – the particulars of which will be provided
prior to trial;

(d) Prejudgment interest in accordance with section 128 of the Courts of

Justice Act, R.S.O. 1990, c. C.43, as amended;

(e) Post-judgment interest in accordance with section 129 of the Courts

of Justice Act, R.S.O. 1990, c. C.43, as amended;

(f) The costs of this proceeding, plus applicable tax; and,

(g) Such further and other relief as to this Honourable Court may seem
just.

THE PARTIES

2. The Plaintiff, Rose Bobyk-Sembay (“Rose”), is now the Estate of Rose

Bobyk-Sembay as represented by its Litigation Administrator, Irene Bobyk. At all
material times, Rose was a resident of the retirement home known as Lundy Manor
Retirement Residence, located at 7860 Lundy’s Lane, in the City of Niagara Falls,
in the Province of Ontario, until her death on April 9, 2020, at age 88.

3. The Plaintiff, Irene Bobyk, is an individual residing in the municipality of Fort

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Erie, in the Province of Ontario, and was the daughter of Rose.

4. The Defendants, Oxford Living, LLC, Oxford SC Lundy Niagara Inc., and
Oxford SC Master LP, collectively c.o.b. Lundy Manor Retirement Residence
(“Lundy Manor”) are corporate entities and a partnership, carrying on business as
a retirement home licenced by the Retirement Homes Regulatory Authority and
located at the premises known as 7860 Lundy’s Lane, in the City of Niagara Falls,
in the Province of Ontario. At all material times, Lundy Manor was responsible for
the acts and/or omissions of its staff, servants, employees and agents.

THE CLASS

5. The Plaintiffs bring this action pursuant to the Class Proceedings Act on
behalf of the following class:

(a) All persons who contracted the coronavirus (“COVID-19”) at Lundy

Manor;

(b) All persons who contracted COVID-19 from one of the residents or
from another cross-infected person; and,

(c) All living children, grandchildren, siblings and spouses within the
meaning of section 61 of the Family Law Act, R.S.O. 1990, c.F-3, as
amended, of the persons who contracted COVID-19 at Lundy Manor
and Cross-Infected Persons (“the Family Law Act Claimants”).

6. The Plaintiff, Irene Bobyk, is an appropriate representative of the proposed

class. She will be able to adequately and fairly represent the interests of the
proposed class and does not have an interest that conflicts with the interests
of the proposed class.
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THE EVENTS AND NEGLIGENCE OF LUNDY MANOR

7. In or about October 2019, the Defendants, Oxford Living, LLC, Oxford SC

Lundy Niagara Inc. and Oxford SC Master LP purchased and assumed the
operation of Lundy Manor, a retirement home for seniors who privately pay for their
residence there.

8. In December 2019, the first cases of patients suffering from COVID-19 were
reported in China.

9. COVID-19 is a viral infection that can cause mild to severe disease that may
be fatal. Commonly observed symptoms include fever, cough, shortness of breath,
sore throat, and breathing difficulties. In more severe cases, infection can cause
pneumonia or severe acute respiratory syndrome, particularly in those individuals
with other chronic underlying health conditions. Seniors are a particularly
vulnerable group as they are more likely to have chronic underlying health
conditions and/or a compromised immune system.

10. On January 23, 2020, a patient suffering from the first presumptive case of
COVID-19 in Canada was admitted to Sunnybrook Health Sciences Centre in
Toronto.

11. By Novel Coronavirus (2019-nCoV) Fact Guidance for Long-Term Care

Dated January 31, 2020, the Government of Ontario (“the Government”) released
guidance on the prevention and screening of COVID-19 specifically in long-term
care homes. In this guidance, the Government noted the heightened vulnerability
of residents in long-term care homes, stating:

The resident community in LTCHs [Long-Term Care

Homes] is likely to be older, frailer, and have chronic
conditions which weaken their immune systems.
Residents may have chronic lung or neurological
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diseases which impair their ability to clear secretions

from their lungs and airways. Residents are also at
risk because respiratory pathogens may be more
easily transmitted in an institutional environment.
[emphasis added]

12. Furthermore, the Government provided the following general advice to long-
term care homes to prevent an outbreak of COVID-19 in their facility:

• Have procedural masks, tissues and alcohol-based hand rub

available to residents and staff;

• Review infection prevention and control and occupational health and

safety policies and procedures;

• Post signage on building entrances informing persons to self-identify

if they are experiencing fever and/or acute respiratory illness, and
have a travel history to Hubei province (including Wuhan), China in
the last 14 days since onset of illness or contact with a person who
has the above travel history and is ill; and,

• Have ongoing surveillance programs in place throughput the year,

including both passive and active surveillance to quickly detect
respiratory infections.

13. By Novel Coronavirus (2019-nCoV) Fact Guidance for Long-Term Care

dated February 11, 2020, the Government released updated guidance on the
prevention and screening of COVID-19 in long-term homes.

14. By Memo dated March 9, 2020, the Government advised the long-term
homes sector that “elderly individuals and those with underlying health conditions
are at increased risk of severe outcomes [from COVID-19].” For the purposes of
preventing an outbreak of COVD-19 in a long-term care home, it issued guidance
to actively screen all visitors, residents, re-admissions and returning residents to
long-term care homes. More fully, it advised:
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• Posting signage and advising visitors who have travelled to affected

areas or been exposed to a case of COVID-19 in the last 14 days to
postpone their visit;

• Posting signage and advising all visitors who are ill to postpone their
visit;

• Ensuring availability and accessibility of hand hygiene throughout the

facility;

• Keeping staff and residents informed on COVID-19;

• Reminding staff to be monitoring themselves for illness and to stay

at home when they are sick;

• Developing policies for managing staff who may have been exposed
to a case of COVID-19;

• Assessing incoming residents for respiratory symptoms and potential

exposures to COVID-19;

• Monitoring residents for new respiratory symptoms or fever;

• Quickly identifying and isolating any resident with acute respiratory

illness or fever;

• Ensuring signage is clear and that personal protective equipment

(gowns, gloves, masks and eye protection) for health care workers
are available and accessible for care for patients with acute
respiratory illness;

• Helping visitors with personal protective equipment if they are visiting

residents under precautions; and,

• Reporting any suspected COVID-19 illness in residents or staff to the

local public health unit.

15. As a further precaution to prevent the spread of COVID-19 amongst a

vulnerable group, long-term care home respiratory tests were to be automatically
screened for COVID-19.

16. On March 11, 2020, the World Health Organization officially declared a
pandemic in respect of the outbreak of COVID-19.
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17. On March 12, 2020, Lundy Manor arranged for a girls basketball team to
perform a demonstration for residents of the facility.

18. On March 17, 2020, the Government declared a state of emergency, issuing
an order under the Emergency Management and Civil Protection Act. With this
measure, the Government ordered the closure of all bars and restaurants as well
as libraries, theatres, cinemas, schools and daycares and all public gatherings of
more than 50 people.

19. These closures were premised on the practice of social distancing. COVID-
19 spreads mainly among people within six feet of each other. Spread happens
when an infected person coughs, sneezes, or talks, and droplets from their mouth
or nose are launched into the air and land in the mouths or noses of people nearby.
As well, spread may happen when a person touches a surface or object where
such droplets have landed and then touch their own mouth, nose, or eyes.

20. On the same day, the Government enhanced its response to COVID-19 with
up to $304 million in funding for 24/7 screening at long-term care homes as well
as including building additional hospital capacity, supporting public health units
with testing and screening, purchasing additional personal protective equipment
for frontline workers and ventilators, and dedicated supports for rural, remote,
Northern, and Indigenous communities.

21. March 18, 2020, upon the advice of the Chief Medical Officer of Health, the
Government recommended that retirement homes only allow essential visitors.

22. On March 20, 2020, by an amendment to s.27(5) of Ont. Reg. 166/11 of the
Retirement Homes Act, 2010, the Government required retirement homes to
comply with the recommendations of the Chief Medical Office for long-term care
homes in respect of COVID-19 and preventing the spread of it. To ensure the
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protection and safety of Ontario’s seniors, retirement homes had to take all
reasonable steps to follow: (i) any directive respecting COVID-19 issued to long-
term care homes by the Chief Medical Officer of Health under section 77.7 of the
Health Protection and Promotion Act, and, (ii) any guidance, advice or
recommendations respecting COVID-19 given to long-term care homes by the
Chief Medical Officer of Health and made available on the Government’s website
respecting COVID-19. This regulation took immediate effect.

23. On March 20, 2020, the Government amended regulations to allow for
increased flexibility in staffing at long-term care homes, making it easier for
qualified staff to be hired and for homes to prioritize skills where they are needed
most. These measures allowed for homes to quickly bring in more and new staff,
to prevent potential staffing shortages, and to allow staff to spend more time on
direct care to residents.

24. On March 22, 2020, the Chief Medical Officer of Health issued a directive
to long-term care homes to immediately implement further important measures.
Firstly, the homes were to not permit residents to leave the home for short-stay
absences to visit family and friends. Secondly, wherever possible, they were to
limit the number of work locations that employees are working.

25. On March 23, 2020, the Government issued a temporary order for long-term
care homes to support increased staffing flexibility, enabling homes to be able to
prevent and, if necessary, alleviate an outbreak of COVID-19. Additionally, it
suspended short-stays in long-term care homes and provided guidance to homes
on how to use short-stay beds to maximize capacity for applicants waiting for
admission to a long-stay bed in a long-term care.

26. On March 24, 2020, the Government amended regulations to allow for
streamlined long-term care admissions, discharge and re-admissions process,
freeing up much-needed capacity in hospitals and ensuring residents who leave
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their long-term care home during the COVID-19 pandemic are prioritized for re-
admission, giving them peace of mind.

27. On March 25, 2020, the Government launched “Ontario’s Action Plan:
Responding to COVID-19”, which was a $17 billion emergency relief package to
provide relief to families and certainty to businesses. This package included $3.3
billion in additional resources for the health care system and specifically $243
million for long-term care.

28. By memo dated March 26, 2020, the executive director of Lundy Manor,
Greg Fortier, advised that Lundy Manor intended to commence social distancing
in respect of its dining room. At the time, Lundy Manor still served three meals on
a daily basis to two sittings of 40 to 50 residents. Each table, which had dimensions
of only three feet by three feet, sat four residents. Specifically, Greg Fortier notified
that:

We will be implementing social distancing to the best

of our ability in the dining room. Our seating times will
be staggered. There will be only 2 people per table, and
we may have to use our craft room for additional
seating. This has been discussed with and approved
by Public Health. We will be in compliance.

29. Additionally, Greg Fortier advised that social distancing would also be
implemented with social activities, stating:

Activities are still being held but social distancing is

implemented so we may not be able to have as many
programs. We may have to run one program more than
twice with the number of residents that we have that
participate; we don’t want to leave anyone out. …

30. Lundy Manor never implemented, or failed to properly implement in a timely

manner, social distancing in respect of the dining room and social activities.
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31. On March 27, 2020, the Government issued a second temporary order for
long-term care homes to provide further flexibility in redirecting their staffing and
financial resources to essential tasks during the COVID-19 crisis.

32. On March 28, 2020, based on the best advice of Ontario's Chief Medical
Officer of Health, the Government issued an emergency order immediately
prohibiting organized public events and social gatherings of more than five people,
under the Emergency Management and Civil Protection Act.

33. Despite the emergency order issued by the Government, on the same day,
Lundy Manor hosted a pub night for the residents.

34. On the pub night, as reported in The Niagara Falls Review on April 5, 2020,
Mary Timbers - who held a casual position as a receptionist at Lundy Manor – saw
“there was a big problem with people sick, not isolating. … Everyone (was) in the
dining room and still carrying on activities.” As a result, she sent the following email
to the executive director of Lundy Manor, Greg Fortier:

I was wanting to help, but I’m not going to endanger

myself or my family. In my opinion, Lundy Manor is a
time bomb. I’m willing to work again once the situation
is under control.

35. On March 29, 2020, as also reported in The Niagara Falls Review, Greg
Fortier sent a reply email, advising that Lundy Manor was “aware of activities
continuing and, effective Monday (March 30), we are changing the dining-room
arrangement to get as close to social distancing as we can.” He further noted that
he “didn’t feel the residents showed signs of COVID-19,” before concluding that
“there is a ton of misinformation and fear out there right now and that we appreciate
everyone’s concern for their health, but we work in the care industry and all have
an obligation to assist our seniors through this pandemic.”
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36. On March 30, 2020, an outbreak of COVID-19 was declared at Lundy

Manor.

37. After lunch on March 30, 2020, Lundy Manor confined residents to their
rooms.

38. Prior to confining residents to their rooms, Lundy Manor failed to implement,
or properly implement in a timely manner, the practice of social distancing.

39. For meals, Lundy Manor persisted in having 40 to 50 residents congregate

in the lobby before breakfast, lunch and dinner. In the lobby, chairs had not been
moved such that they were separated by a distance of six feet. While eating, four
residents shared tables that had dimensions of only three feet by three feet. Each
meal had two sittings.

40. Additionally, Lundy Manor continued to allow residents to participate in

regular social activities. As well as other activities, it allowed groups of residents to
continue playing cards on a nightly base and continued to host bingo games, with
numerous individuals handling the same playing cards and bingo cards. A number
of residents who played cards on a nightly basis contracted COVID-19 and have
passed away from it.

41. By April 2, 2020, Niagara’s acting medical officer of health reported that 13
confirmed cases of COVID-19 had been associated with Lundy Manor.

42. On April 4, 2020, during a press briefing as reported by The Canadian

Press, Premier Doug Ford made the following remarks about the pub night at
Lundy’s Manor: “First thing out of my mouth was, ‘you gotta be kidding me!’ …
Most people are using common sense but, folks, c’mon. … You can’t have pub
nights in a seniors’ building when we’re saying we need to put an iron ring around
the seniors and long-term care. It just can’t happen.”
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43. In early April 2020, on behalf of Lundy Manor, the mother of the executive
director of Lundy Manor, Greg Fortier, posted a plea on social media for nurses to
staff Lundy Manor as it had almost no registered nurses available.

44. Brave registered nurses responded this plea. However, such nurses did not
have training specific to retirement homes but rather training related to emergency
rooms and other areas, where treatment focuses on fewer patients. Lundy Manor
failed to provide these nurses with any adequate training for providing care in a
retirement home setting or any specific training for providing such care in an
outbreak of COVID-19. At Lundy Manor, these nurses had to manage an excess
of 80 residents. Many of whom required a variety of medical administrations and
were exhibiting acute symptoms.

45. For lengthy periods, Lundy Manor expected a single nurse, lacking
adequate training, to care for the entirety of its residents without providing any
established or proper protocols. A single nurse had to administer routine
medications to all residents, which are critical for those residents who require
cardiac medication or similar essential medications. This administration process
was significantly slowed by necessary disinfectant routines undertaken between
entering each resident’s room. This delay prevented such nurses from
administering routine medications in a timely manner, putting the residents at risk.
While doing so, this single nurse had to assess residents for COVID-19, including
taking swabs. Finally, these nurses had to make the decision to call 911 and send
the residents to the hospital due to respiratory distress.

46. Additionally, after the outbreak of COVID-19, Lundy Manor failed to

establish and adhere to proper protocols for the prevention of contamination and
the further spread of COVID-19. Amongst other failures, Lundy Manor’s failures
included:

• Advising staff to wear the same disposable gown to enter another

resident’s room, if the previous resident had not been tested for
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COVID-19 or did not exhibit symptoms of having contracted COVID-

19, contaminating the gown and making it a potential source of
infection;

• Permitting the designated cart, carrying unused masks and gloves

for the staff, to have a garbage can that overflowed such that the
garbage contacted the masks and gloves, contaminating them and
making them a potential source of infection; and,

• Not providing staff with proper or adequate training for donning and
doffing personal protective equipment, resulting in the contamination
of the personal protective equipment and making it a potential source
of infection.

47. By April 21, 2020, following the outbreak at Lundy Manor, 15 people had
died from contracting COVID-19 and 41 residents and 8 staff members had
contracted COVID-19.

48. The particulars of the allegations of negligence, breach of contract and

wrongful death against the Defendants, Oxford Living, LLC, Oxford SC Lundy
Niagara Inc., and Oxford SC Master LP, include but are not limited to the following:

(a) They failed to ensure that the residents and staff of Lundy Manor
were kept safe;

(b) They failed to comply with directives issued by the Chief Medical
Officer of Health and orders issued by the Government of Ontario
that related to preventing COVID-19 from infecting residents and
staff of long-term care facilities, such as Lundy Manor;

(c) They failed to institute reasonable measures to prevent COVID-19

from infecting residents of Lundy Manor, such as undertaking proper
screening of visitors and practicing social distancing;

(d) They failed to employ and properly train competent staff on proper,
safe and adequate measures for preventing COVID-19 from infecting
residents and staff of Lundy Manor;

(e) They failed to take proper care in the circumstances;

(f) They breached their duty as a caregiver and fiduciary to the residents
and staff of Lundy Manor;
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(g) They failed to meet the minimum standards of practice for preventing
transmission of infectious diseases in the setting of a long-term care
facility;

(h) They failed to warn the residents and staff of Lundy Manor of the
potential exposure to COVID-19 in a timely fashion;

(i) They failed to adequately supervise the work of their employees and
staff regarding compliance with directives issued by the Chief
Medical Officer of Health and orders issued by the Government of
Ontario that related to preventing COVID-19 from infecting residents
of long-term care facilities, such as Lundy Manor;

(j) They failed to take all reasonable, necessary and protective

measures to ensure that the residents and staff of Lundy Manor were
safe while on the premises of Lundy Manor; and,

(k) Such further and other particulars which may become known to the
Plaintiff or the residents or staff of Lundy Manor or their family
members that will be proven at the trial of this action and are within
the knowledge of the Defendant.

DAMAGES

49. The Plaintiffs claim general and special damages resulting from negligence,
breach of contract and wrongful death. The full particulars of which the Plaintiffs
undertake to provide to the Defendants prior to the trial of this action.

50. The Plaintiffs and the estates of the Plaintiffs claim for damages for pain
and suffering arising from contracting COVID-19.

51. The Family Law Act Claimants claim for damages pursuant to s. 61 of the
Family Law Act. The damages for these class members include pecuniary losses
resulting from the injury or death of their family member, expenses
incurred for the benefit of their family member, travel expenses incurred in
visiting their family member during his or her treatment and recovery, funeral
expenses, a reasonable allowance for loss of income and the value of nursing,
housekeeping and other services rendered to their family member, an
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amount to compensate for the loss of guidance, care and companionship

reasonably expected to be received from their family member had the
aforesaid negligence and misconduct not occurred.

52. The Plaintiff states that the Defendants conducted their affairs leading to
these subject occurrences in a high-handed and arrogant manner with a wanton
disregard for the safety and well-being of the Plaintiffs and, as such, they are
entitled to aggravated damages.

53. The Defendants’ conduct was reprehensible and departed to a marked

degree from ordinary standards of decent behaviour. The Defendants’ reckless
disregard for the Plaintiffs is deserving of punishment and condemnation by means
of an award of punitive damages.

54. The Defendants’ actions were callous and arrogant and offend the ordinary
community standards of moral and decent conduct. The actions, omissions or both
of the Defendants involved such want of care as could only have resulted from
actual conscious indifference to the rights, safety or welfare of the Plaintiffs.

THE PLAINTIFFS’ INDIVIDUAL CIRCUMSTANCES

55. In 2016, the Plaintiff, Rose Bobyk-Sembay, became a resident of Lundy

Manor, after her husband had passed away.

56. As a resident, the Plaintiff, Rose Bobyk-Sembay, was paying a monthly fee
of approximately $2,800 to Lundy.

57. Irene regularly visited the Plaintiff, Rose Bobyk-Sembay, while she was a
resident at Lundy Manor. Irene’s son, Derek Stefanovich, also regularly visited the
Plaintiff, Rose Bobyk-Sembay - on an almost daily basis.
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58. Throughout March 2020, the Plaintiff, Rose Bobyk-Sembay, continued to

socialize as permitted and encouraged by Lundy Manor, in violation of social
distancing practices, including eating three meals on a daily basis in the dining
room and attending social activities.

59. During the week of March 23, 2020, the Plaintiff, Rose Bobyk-Sembay, began
to exhibit symptoms of having contracted COVID-19, including having a fever and
nasal excretions.

60. On April 4, 2020, the Plaintiff, Rose Bobyk-Sembay, was transported to St..
Catharine’s General Hospital, where she learned that she tested positive for
COVID-19.

61. On April 9, 2020, the Plaintiff, Rose Bobyk-Sembay, passed away due to
contracting COVID-19.

62. The Plaintiffs claim general and special damages resulting from negligence,
breach of contract and wrongful death. The full particulars of which the Plaintiffs
undertake to provide to the Defendants prior to the trial of this action.

63. The Estate of the Plaintiff, Rose Bobyk-Sembay, claims for damages for
pain and suffering arising from contracting COVID-19

64. The Plaintiff, Irene Bobyk, is entitled to damages pursuant to s. 61 of the

Family Law Act, including include pecuniary losses resulting from the death of the
Plaintiff, Rose Bobyk-Sembay, expenses incurred for her benefit, travel expenses
incurred in visiting her during her treatment, funeral expenses, a reasonable
allowance for loss of income and the value of nursing, housekeeping and other
services rendered to them, an amount to compensate for the loss of guidance, care
and companionship reasonably expected to be received from her had the aforesaid
negligence and misconduct not occurred.
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65. The Plaintiffs plead and rely upon the following statues, as amended:

a) Class Proceedings Act, 1992, S.O. 1992, c. 6

b) Courts of Justice Act, R.S.O. 1990, c. C.43;
c) Negligence Act, R.S.O. 1990, c. N.1.l; and
d) Retirement Homes Act, 2010, c. 11.

66. The Plaintiffs propose that this action be tried in the Town of Milton in the
Province of Ontario.

Dated: WILL DAVIDSON LLP

Barristers & Solicitors
1464 Cornwall Road, Suite 4
Oakville, ON L6J 7W5

Gary R. Will (23939S)

Gordon A. Marsden (48341M)
Tel : 905-337-9568
Fax: 905-337-9745

Lawyers for the Plaintiffs

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Bobyk et al. -and- Oxford Living LLC et al.

Plaintiffs Defendants

Court File No.

ONTARIO
SUPERIOR COURT OF JUSTICE

PROCEEDING COMMENCED AT
MILTON

STATEMENT OF CLAIM

WILL DAVIDSON LLP

Barristers & Solicitors
1464 Cornwall Road
Suite 4
Oakville, Ontario
L6J 7W5

Gary R. Will (23939S)

Gordon A. Marsden (48341M)
Tel : 905-337-9568
Fax: 905-337-9745

Lawyers for the Plaintiffs