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411-11
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
-and-
Corporation (hereinafter Cineplex) and Jane Doe deny the allegations contained in paragraphs
1, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 23 of the Statement of Claim.
Statement of Claim.
Province of Ontario and maintains its head office at 1303 Yonge Street in the City of Toronto.
At all material times, Cineplex Entertainment LP maintained a movie theatre at Cineplex Odeon
Fairway Centre located at 500 Fairway Road South, Kitchener, Ontario N2C 1X3 in the City of
4. In the alternative, if the Plaintiff, Chadrick Veenhof was injured as alleged in the
Statement of Claim, which is not admitted but specifically denied, then the accident was not the
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result of any negligence or want of care on the part of the Defendants or any person for whom
5. The Defendants state that at 10:40 p.m. on June 22, 2009, they were advised that the
Plaintiff had collapsed in Theatre No. 4. The Defendants plead that a witness to the Plaintiffs
collapse had already called 911 and was on a cellular phone with the dispatcher. The Defendants
plead that the Plaintiff was breathing but was unresponsive. The Defendants plead that at the
instruction of the ambulance personnel, the Cineplex employee took instructions from the
ambulance attendants with regard to how to treat the Plaintiff. At all times, the instructions were
being provided by the ambulance attendants and Cineplex employees were relaying the
6. The Defendants plead that the firefighters attended at the theatre and took over the
7. The Defendants plead therefore that they were at all times under the instruction of the
911 operator, ambulance attendants and then the firefighters. All medical care that was provided
to the Plaintiff until he was taken to the hospital was under the instruction of medical personnel.
The Defendants therefore deny that it breached any administration of any emergency medical
8. Further and in the alternative, the Defendants deny that the Plaintiff sustained any loss or
damages as alleged and puts the Plaintiff to the strict proof thereof.
9. Further and in the alterative, the Defendants deny that if the Plaintiff, Chadwick Veenhof
did sustain the injuries as alleged, which is specifically denied, then same are excessive,
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exaggerated, remote and unforeseeable and the Plaintiff, Chadwick Veenhof has failed to
mitigate same.
10. In the alternative, the Defendants plead that if the Plaintiff, Chadwick Veenhof did
sustain the injuries as alleged, the said injuries resulted from pre-existing medical, physical or
psychological conditions. Specifically, it is alleged that the Plaintiff was under the use of illegal
substances at the time of the accident which contributed to the Plaintiffs collapse in the movie
theatre.
11. Further and in the alternative, the Defendants state that if the Plaintiff, Chadwick
Veenhof did sustain the injuries and damages as alleged, then same were the result of the
negligence of the Plaintiff Chadwick Veenhof, the particulars of which are as follows:
(a) at the time of the accident, the Plaintiff had been partaking in illegal substances,
functioning;
(b) the Plaintiffs girlfriend, Olivia Stahlbaum failed to provide immediate first aid
medical treatment to the Plaintiff and/or any form of CPR which led to the
Plaintiffs collapse;
(c) the Plaintiffs girlfriend, Olivia Stahlbaum failed to call an ambulance in a timely
manner;
(d) he failed to exercise proper care and control of his actions on the day in question;
(f) he failed to use proper care for his own safety, especially in light of his usage of
an illegal substance;
(g) at the time of the alleged accident, his faculties of observation, perception,
12. The Defendants plead that they are entitled to a deduction for any and all collateral
benefits that were or are available to the Plaintiff, Chadwick Veenhof, including the present
value of any and all disability policies of insurance, income replacement benefit plans, long-term
disability plans or any other alternative sources of income, which may have been received or is
13. The Defendants plead that the Plaintiffs damages will be assessed such that any
judgment awarded in his favour will be in an amount of $100,000.00 or less, exclusive of interest
and costs and as such, the Defendants plead and rely upon the cost consequence provisions as
14. Further, the Defendants plead that this matter ought to proceed way of Simplified
Procedure only.
15. The Defendants plead and rely upon the Negligence Act, R.S.O. 1990, c. N.1, as amended
16. The Defendants propose that the action be dismissed with costs on a substantial
indemnity basis.
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17. The Defendants propose that the action be tried in the City of Kitchener.
Tel: 416-777-5427
Fax: 1-888-587-9137
ONTARIO
SUPERIOR COURT OF JUSTICE
PROCEEDING COMMENCED AT
GUELPH
STATEMENT OF DEFENCE
29746.0012/4608716_.1