SPREE CORT | oerere anmise CoLUNBiA| SEAL | t9-Apr10 | Vancowver Court File No, WLC-S-S-102607 neous? o os ‘Vancouver Registry JIN THE SUPREME COURT OF BRITISH COLUMBIA BETWEEN: KEITH FREW PLAINTIFF AND: BRITISH COLUMBIA (LEGISLATIVE ASSEMBLY) and KASH HEED, MLA DEFENDANTS WRIT OF SUMMONS ‘Name and address of cach plaintiff: Keith Frew 33142 Hawthome Avenue ‘Mission, B.C. V2V 3R7 Name and address of each defendant: British Columbia (Legislative Assembly) 431 Menzies Street Victoria, B.C. V8V 282 Kash Hed, MLA Vancouver-Fraserview Office 3158 East 54" Avenuc Vancouver, B.C. VSS 1Z1ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and ‘Her other Reals and Territories, Queen, Head of the Commonwealth, Defender of the Faith, To the defendant(s): British Columbia (Legislative Assembly) and Kash Heed, MLA TAKE NOTICE that this action has been commenced against you by the plaintifits) for ‘the claim(s) set out in this writ, IF YOU INTEND TO DEFEND this action, or if you have a set off or counterclaim which you wish to have taken into account at the trial, YOU MUST @) GIVE NOTICE of your intention by filing a form entitled “Appearance” in the above registry of this court, at the address shown below, within the Time for Appearance provided for below and YOU MUST ALSO DELIVER a copy of the Appearance to the plaintiff's address for delivery, which is set out in this writ, and ©) if'a statement of claim is provided with this writ of summons or is Tater served on or delivered to you, FILE a Statement of Defence in the above registry of this court within the Time for Defence provided for below and DELIVER 2 copy of the Statement of Defence to the plaintiff's address for delivery. YOU OR YOUR SOLICITOR may file the Appearance and the Statement of Defence, ‘You may obtain a form of Appeatance at the registry. JUDGMENT MAY BE TAKEN AGAINST YOU IF (@ YOU FAIL to file the Appearance within the Time for Appearance provided for below, of (b) YOU FAIL to file the Statement of Defence within the Time for Defence provided for below. TIME FOR APPEARANCE If this writ is served on a person in British Columb, the time for appearance by that person is 7 days from the service (not including the day of service).If this writ is served on 2 person outside British Columbia, the time for appearance by that person after service, is 21 days in the case of @ person residing anywhere within Canada, 28 days in the case of a person residing in the United States of America, and 42 days in the case of a person residing elsewhere. ‘TIME FOR DEFENCE A Statement of Defence must be filed and delivered to the plaintiff within 14 days after the later of (@ the time that the Statement of Claim is served on you (whether with this writ of summons or otherwise) ot is delivered to you in accordance with the Rules of Court, and (b) the end of the Time for Appearance provided for above. (1) The address of the registry is: 800 Smithe Street ‘Vancouver, B.C. V6Z.2R1 (2) The plaintiff's Address For Delivery is: Edwards, Kenny & Bray LLP Bamtsters and Solicitors 1900 - 1040 West Georgia Street Vancouver, B.C. V6E 4H3 Phone No.; 604-689-1811 Attention: E. Lilac Bosma Fax nntiber for delivery (ifany): 604-689-5177 3) The name and office address of the plaintis?’s solicitor is: Same as (2) above.‘The plaintiff's claim is set out in the attached Statement of Claim. Dated: April__!4__, 2010No, Vancouver Registry IN THE SUPREME COURT OF BRITISH COLUMBIA BETWEEN: KEITH FREW PLAINTIFF AND: BRITISH COLUMBIA (LEGISLATIVE ASSEMBLY) and KASH HEED, MLA. DEFENDANTS STATEMENT OF CLAIM 1. The Plaintiff, Keith Frew, former constituency assistant, resides at 33142 Hawthome Avenue, in the City of Mission, in the Province of British Columbia, V2V 3R7. ‘The Defendant, Kash Heed, is the Member of the Legislative Assembly (“MLA”) for the riding of Vancouver-Fraserview for the Province of British Columbia, His Vancouver Fraserview constituency office is located at 3158 Bast 54% Avenue, in the City of ‘Vancouver, in the Provinee of British Columbia, 3. The Defendant, British Columbia (Legislative Assembly) (the “LABC”), is created pursuant to section 17 of the Constitution Act, R.S.B.C. 1996, c. 66, and is located at 431 Menzies Street, in the City of Victoria, in the Province of British Columbia.Employment History of the Plaintiff 4 5. 10. In or about 2001, the Plaintiff commenced employment as a Constituency Assistant in ‘Vancouver, British Columbia. As Constituency Assistant, the Plaintiff oversaw the constituency office of various Members of the Legislative Assembly. His employment history is as follows: (® From 2001 to 2005, the Plaintiff acted as Constituency Assistant for Rob Nijer, MLA for the riding Vancouver-Kingsway. (b) From 2005 to 2009, the Plaintiff acted as Constituency Assistant for the Hon. Wally Oppel, MLA for the riding Vancouver-Fraserview. (© From May 12, 2009 to February 5, 2010, the Plaintiff acted as Constituency Assistant for the Defendant Heed, MLA for the riding Vancouver-Fraserview. In this Statement of Claim, Rob Nijjar, MLA, the Hon. Wally Oppal, MLA, and the Defendant Heed will be collectively referred to as the Vancouver MLAs. From his employment as a Constituency Assistant in or about 2001 until February 5, 2010 (the “Employment Period”), the Plaintiff was employed continuously by the LABC and ‘each of the respective Vancouver MLAs. Jn the alternative, during the Employment Period the Plaintiff was employed continuously by the LABC. In the further altemative, during the Employment Period the Plaintiff was employed continuously by the respective Vancouver MLAs as consecutive employers, In the entire courwe of his employment with the Defendants, the Plaintiff faithfully and diligently porformed his duties on behalf of the Defendant LARC, the Defendant Heed, ‘and their MLA predecessors. Throughout his employment, the Plaintiff proved to be a valuable and reliable employee. Following the provincial election on May 12, 2009 when the Defendant Heed was elected, the Plaintiff ascertained the Defendant Heed’s expectations through a mutual acquaintance and provided a weekly report to the Defendant Heed. The Plaintiffu. 12 ae increased his outreach in the community by increasing his number of visits to schools, daycares, senior homes, and other organizations, On or about February 3, 2010, the Plaintiff leamed through the same mutual aequaintance of the Defendant Hed that his job was in jeopardy. ‘The Defendants did not ever meet with the Plaintiff to discuss his performance. Wrongful Dismissal of the Plaintiff 13, 4, 15, 16. ‘On or about February 5, 2010, the Defendant Heed met with the Plaintiff and advised him ‘that his omployment would be terminated as of February 26, 2010. The Defendant provided the Plaintiff with a letter dated February 5, 2010 which stated as follows: Please accept this notice as termination of your employment as the Constituency Assistant for Kash Heed, MLA for Vancouver- Fraserview, effective the end of the business day on February 26, 2010. {the “Dismissal”). At the time of the dismissal, the Defendant Heed advised the Plaintiff that it would not be necessary for him to attend at work duting the three week notice period, ‘The Defendants wrongfully dismissed the Plaintiff without cause and without reasonable notice, The Dismissal by the Defendants without just cause and without reasonable notice conslituted an arbitrary and wilful breach of the Plaintiff's contract of employment with the Defendants and a wrongful dismissal of the Plaintiff. ‘The Defendants’ dismissal of the Plaintiff was in bad faith, Particulars of the bad faith are as follows: (@) The Defendants at the time of the Dismissal, did not provide any information as to the Plaintifs benefits, pension plan, vacation pay, outstanding wages, insurance covorage, ot the potential of a reference letter, despite the Defendants knowledge that the PlaintisPhad recently adopted a young child; and17, 4. (e) The Defendant Heed was abrupt and rude to the Plaintiff at the time of termination. By reason of the Defendants’ breach of the Employment, and in particular the bad faith exercised by the Defendants in the manner of dismissal as set out in the immediately preceding paragraph, the Plaintiff has suffered mental distress and that mental distress was foreseeable by the Defendants at the time that the Employment was made, Particulars of the mental distress will be provided bofore the trial of this matter, and include anxiety, symptoms of depression, and lack of sleep, Damages 18, 19, At the date of the Dismissal, the Plaintiff was 63 years old, and was receiving an anmual salary of $60,000 plus participation in the LABC’s group benefits plan and pension plan, As a result of the Defendants’ breach of contract and bad faith as set out above, the Plaintis? has suffered certain damages including: (@ Costs for employment counselling and/or retraining services; and (>) Loss of full pension benefits as the Plaintiff will not be working until he reaches the age of 65. Further particulars of special damages will be provided at or before trial of this matter. ‘The Plaintiff claims as follows: (@) damages, including but not limited to damages for bad faith in the manner of termination; (b) special damages; (©) interest pursuant to the Court Order Interest Act; (@) costs; (©) such further and other relief as this Honourable Court may seem just and meet.PLACE OF TRIAL: Vancouver, British Columbia Dated: Aprit__ {4 _, 2010 > oligitér for Plait te This STATEMENT OF CLAIM is prepared by E. Lilac Bost Sire fom of Edwards, Kenny & Bray LLP, Barristers and Solicitors, whose place of business and address for delivery is 1900 - 1040 West Georgia Street, Vancouver, B.C., VOE 413 (Telephone: 604-689-1811, Direct Line: 604-661-1047). 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