COURT FILE NUMBER 2303-04593 Clerk’s Stamp

COURT COURT OF KING’S BENCH OF ALBERTA

FILED
JUDICIAL CENTRE EDMONTON DIGITALLY
2303 04593
PLAINTIFF J.M. Jessica McNabb May 19, 2023
9:29 AM
DEFENDANTS ROBIN NASSERDEEN and COVENTRY
HOMES INC.

AMENDED
DOCUMENT AMENDED STATEMENT OF CLAIM on May 19, 2023
before the close of pleadings

ADDRESS FOR SERVICE SAMFIRU TUMARKIN LLP

AND CONTACT
INFORMATION OF PARTY
FILING THIS DOCUMENT
736 8 Avenue SW, Suite 800
Calgary, Alberta T2P 1H4
Attention: Aaron Levitin
Telephone: 587-316-2322
Facsimile: 587-387-7218
Email: aaron.levitin@stlawyers.ca

NOTICE TO DEFENDANT(S)

You are being sued. You are a Defendant.

Go to the end of this document to see what you can do and when you must do it.
Statement of facts relied on:

The Parties

1. The Plaintiff, Jessica McNabb J.M. (“J.M.” “Jessica” or “the Plaintiff”), is a 32-year-old
individual residing in the City of Edmonton, in the Province of Alberta. At all material times,
J.M. Jessica was employed by Coventry Homes Inc. (“the Defendant” or “Coventry Homes”)
in Edmonton for approximately one (1) year and seven (7) months, until in or around June
2021, at which time her employment was constructively terminated. In order to protect the
Plaintiff’s identity, she is referred to in this claim by her initials.

2. Coventry Homes is Edmonton’s largest new home builder. The Defendant business is
owned by Henri Rodier, Mark Rodier, Ray Rodier, and Robin Nasserdeen. The Defendant
is part of the Coventry Group of Companies which includes Coventry Homes Inc. and
 Impact Homes Ltd. Coventry Homes has partnerships with the Edmonton Oilers, Habitat
for Humanity, and the Edmonton Humane Society.

3. Robin Nasserdeen (“Nasserdeen”) is a resident of the City of Edmonton, and is Coventry

Homes’ Director of Sales. Nasserdeen is a principal shareholder in Coventry Homes.

4. In addition to Nasserdeen, Coventry Homes’ management team includes Henri Rodier, Chief
Executive Officer; Chris Amundson, Chief Financial Officer; Mark Rodier, General Manager;
Antonius Magureanu, Sales Manager; Len Walters, Construction Manager, and Shantyl
Segin, Preconstruction Manager (together referred to as the “Executive Management”).

Overview of Claim

5. J.M. Jessica states she was raped by Nasserdeen, who was her direct superior at Coventry
Homes at the time. Nasserdeen was criminally charged as a result. His criminal trial is set for
February 2024.

6. J.M. Jessica pleads Coventry Homes is vicariously liable for Nasserdeen’s actions, and
independently liable for their own actions and inaction in the prevention and/or response to
same. In the alternative, J.M. Jessica pleads Nasserdeen is liable for his actions and inaction.

7. J.M. Jessica pleads Coventry Homes failed to protect her from Nasserdeen, as well as from
its toxic work environment. J.M. Jessica states Coventry Homes publicly defended
Nasserdeen to all its staff and failed to conduct an investigation when it knew or ought to
have known the sexual assault involved a former employee and its Director of Sales. J.M.
Jessica states Coventry Homes breached their internal policies with respect to the events
described herein.

8. J.M. Jessica pleads her employment was constructively terminated by Coventry Homes in or
around June 2021.

Employment Background, Performance, and History.

9. At the time of the sexual assault, J.M. Jessica was employed by the Defendant as an Area
Sales Manager. In this position, J.M.’s Jessica’s primary responsibilities included, but were
not limited to:

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 a) Driving performance of the sub-division and product line through a defined sales
process;

b) Working with clients in a professional and courteous manner;

c) Maintaining proper file flow targets;

d) Completing files in full and proper manner;

e) Preparing and maintaining sales targets;

f) Reviewing all purchase agreements for correctness; and

g) A host of additional responsibilities, the particulars of which will be provided prior to

trial.

10. In exchange for her services, J.M. Jessica received the following remuneration from the
Defendant:

a) Average annual earnings of $144,344.12;

b) Participation in the Defendant’s comprehensive benefits plan, for which the

Defendant paid a monthly premium on J.M.’s Jessica’s behalf; and

c) Three (3) weeks’ paid vacation, eligible for carryover.

11. J.M. Jessica pleads that Coventry Homes breached its own policies contained in The
Coventry Group Policy Manual, including but not limited to the following policies:

a) Coventry Homes’ House Rules;

b) Coventry Homes’ Core Values;

c) Coventry Homes’ Open Door Policy;

d) Coventry Homes’ Mutual Trust Policy;

e) Coventry Homes’ Human Rights Policy;

f) Coventry Homes’ Reporting Discrimination or Harassment Policy;

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 g) Coventry Homes’ Investigating Reports of Harassment, Discrimination, or Violence
Policy;

h) Coventry Homes’ Employee Privacy of Information Policy;

i) Coventry Homes’ Code of Ethics Policy;

j) Coventry Homes’ Health & Safety Policy;

k) Coventry Homes’ (Drug and Alcohol) Policy;

l) Coventry Homes’ Workplace Threat Policy;

m) Coventry Homes’ Workplace Accident Investigation Policy; and

n) Coventry Homes’ Email Best Practices Policy;

together, “Coventry Policies”

12. At all material times, J.M. Jessica was a highly successful and dedicated employee who
performed her job duties in a professional and highly capable manner. J.M. Jessica won
multiple awards in her career and was well on her way to a promising career in the
homebuilding industry prior to the horrific conduct described herein.

J.M. JESSICA SEXUALLY ASSAULTED BY NASSERDEEN

13. On or around March 10, 2021, J.M. Jessica was at a show home performing various job
duties. J.M. Jessica states Nasserdeen attended the show home and informed her that he
wants to take her for a work dinner. J.M. Jessica states she advised Nasserdeen that she
had a lot of work to complete but Nasserdeen advised her to choose a date in the next week.
J.M. Jessica further states Nasserdeen informed her that Rich, her assistant, would ensure
her work was looked after.

14. Consequently, J.M. Jessica agreed to meet Nasserdeen on the presumption that it was work-
related, and that she would be safe. J.M. Jessica had this belief as Coventry Policies
emphasize safety, accountability, and transparency, and could not imagine Nasserdeen’s
true, ulterior intentions.

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15. As such, J.M. Jessica states she agreed to meet Nasserdeen on Monday, March 15, 2021,
at 6:00 PM. J.M. Jessica states she received a calendar invite through her work email titled,
Catch-Up Meeting.

16. J.M. Jessica agreed to meet Nasserdeen at a restaurant and lounge in Edmonton (“Joey’s”),
as Nasserdeen routinely organizes meetings with female subordinates at restaurant
establishments with a liquor license.

17. On March 15, 2021, J.M. Jessica states Nasserdeen texted her and asked if she could meet
at 5:00 PM, instead of 6:00 PM. Despite her workload, J.M. Jessica acquiesced.

18. Upon arrival, Nasserdeen requested to sit at a specific booth in the lounge area of Joey’s,
separate from Joey’s dining section. J.M. Jessica states that Nasserdeen opted to wait for
this specific booth despite many other tables being available. J.M. Jessica states that the
booth selected by Nasserdeen is one of the only booths, if not the only booth, in the lounge
that was outside the view of Joey’s internal security cameras. J.M. Jessica pleads this was a
calculated decision by Nasserdeen to request a booth out of sight of security cameras.

19. Upon being seated, Nasserdeen informed J.M. Jessica that he did not want this meeting
to be about work and suggested to order Tequila shots. J.M. Jessica declined. Despite
J.M.’s Jessica’s refusal, Nasserdeen ordered shots and informed the server that he would
drive J.M. Jessica home.

20. Nasserdeen subsequently asked J.M. Jessica what the craziest sexual thing is that she
has ever done with her husband. Nasserdeen then asked J.M. Jessica if she ever had a
threesome and if she had been to Las Vegas. Uncomfortable, J.M. Jessica attempted to
immediately shift the attention away from her, quickly stated that she did not know, and
returned the question. Nasserdeen then proceeded to order more shots on J.M.’s
Jessica’s behalf, despite J.M. Jessica stating “no” each time the server approached the
booth. J.M. Jessica states that Nasserdeen continued to ask her personal questions and
ordered more alcohol over her objections to same.

21. At a certain point in the evening, J.M. Jessica got up from the booth to use the restroom,
where she felt fine and in control.

22. When J.M. Jessica returned from the restroom, she discovered that Nasserdeen had ordered
another shot for her and a shot of redbull energy drink for himself. J.M. Jessica pleads

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 Nasserdeen ordered a shot of redbull to make it look like he was ingesting a Jager bomb
shot. J.M. Jessica states that her particular shot had a clear, purple haze and was different
from any of the alcoholic beverages previously consumed. Rather than decline her superior’s
gesture, J.M. Jessica ingested the shot.

23. Approximately ten minutes after J.M. Jessica drank the shot, J.M. Jessica states that her
words began to slur. J.M. Jessica states that this was incredibly scary as she was still thinking
clearly and could not understand what was happening to her.

24. J.M. Jessica states that one of the last things that she recalls is Nasserdeen looking at her,
smiling and stating, “You are really drunk aren’t you?” Thereafter, J.M. Jessica states she is
unable to remember, but did remember attempting to walk out of Joey’s. J.M. Jessica states
she could not walk properly and had to hold on to Nasserdeen to keep from falling.

25. J.M. Jessica pleads that Nasserdeen put a date-rape drug into the shot he ordered, impacting
her cognitive abilities to speak; walk; think; and provide informed consent. In the alternative,
J.M. Jessica pleads Nasserdeen purchased copious amounts of alcohol, despite J.M.’s
Jessica’s continued resistance, rendering J.M. Jessica unable to speak, walk, think, and
provide informed consent. J.M. Jessica states that she did not consent to Nasserdeen’s
sexual advances at any point in time.

26. After Nasserdeen escorted J.M. Jessica out of Joey’s, he placed her in the passenger seat
of his vehicle and drove her to an industrial parking lot. While driving, J.M. Jessica
remembers that Nasserdeen pulled down her shirt, grabbed her left breast, and pinched her
nipple so hard that J.M. Jessica suffered nerve damage. J.M. Jessica pleads that
Nasserdeen pinched her violently to ensure that the drug and/or substance placed in the shot
was working as intended.

27. Some time later, J.M. Jessica woke up in the back of Nasserdeen’s vehicle, whereupon she
realized that she was being raped by Nasserdeen. Specifically, J.M. Jessica states that
Nasserdeen was vaginally penetrating her. J.M. Jessica states she immediately vomited in
the back of Nasserdeen’s SUV. Thereafter, J.M. Jessica states that Nasserdeen penetrated
her both anally and orally as well. J.M. Jessica states she was unable to talk and vomited in
Nasserdeen’s vehicle again. Undeterred, Nasserdeen continued to violently rape J.M.
Jessica who continued to be physically unable to resist Nasserdeen’s sexual exploitations.
Thereafter, Nasserdeen told J.M. Jessica that everything was okay, to lie down, and to put

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 his testicles in her mouth. J.M. Jessica states she again vomited and then fell back into an
unconscious state while Nasserdeen continued to violently rape her.

28. J.M. Jessica states she woke up to Nasserdeen uttering, “Wake up sweetie, Wake up.”
Nasserdeen then proceeded to drive J.M. Jessica home. Upon her arrival at home, J.M.
Jessica was met by her grandmother and daughter who expressed concern due to her
inability to walk properly, nor speak. J.M. Jessica states she proceeded to vomit in her
kitchen sink and then moved to the washroom where J.M. Jessica states she noticed heavy
bleeding coming from her rectum. J.M. Jessica then fell back into an unconscious state on
the couch in her living room, where she then vomited throughout the night. J.M. Jessica
states her husband came home and moved her to their bedroom.

29. Jessica states Nasserdeen sold his vehicle in which the rape occurred soon after.

30. On March 16, 2021, J.M. Jessica attended work, whereupon Nasserdeen continuously called
J.M. Jessica about various work questions that J.M. Jessica states he had never typically
asked in the past. J.M. Jessica states that the main purpose of the calls was to check on
what she remembered and gauge her response. Thereafter, Nasserdeen explicitly asked
J.M. Jessica if there was anything she wanted to discuss unrelated to work.

31. At this point in time, J.M. Jessica was unable to speak to anyone about what had happened
to her. J.M. Jessica states she became severely depressed and withdrawn. Unable to deal
with the horrifying situation, J.M. Jessica informed her husband regarding the violent sexual
assault. J.M.’s Jessica’s husband informs her that she needs to go to the hospital to ensure
she is not pregnant; to call the police; and to contact a lawyer.

32. J.M. Jessica attended the hospital and completed a rape kit in the allotted time.

33. Thereafter, J.M. Jessica states that the doctor who assisted her provided her with a medical
note informing Coventry Homes that J.M. Jessica had to commence a medical leave of
absence. J.M. Jessica states she was unable to function in daily life.

J.M.’s Jessica’s Employment Constructively Terminated by the Defendants

34. In June 2021, after some time coming to terms with the significant impact of the sexual
assault, J.M. Jessica had no choice but to treat her employment as having been
constructively terminated by Coventry Homes. J.M. Jessica pleads that the Defendants’

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 collective conduct constituted the constructive termination of her employment, as the
employment relationship between the parties was fractured beyond repair.

35. Additionally, on June 7, 2021, J.M. Jessica states she informed another Coventry employee,
C.G. Caitlin Garrioch “Caitlin” with respect to the fact that she was violently raped by
Nasserdeen and could no longer work for the Defendants. C.G. Caitlin informed J.M. Jessica
that she too was sexually harassed, sexually abused, and sexually exploited by their
superior, Nasserdeen, during the course of her employment with Coventry Homes.

36. J.M. Jessica states that Coventry Homes failed in its most basic obligation to ensure a safe
workplace for its employees and, in so doing, terminated the employment relationship.

Criminal Investigation Launched and Criminal Charges Against Nasserdeen Laid

37. After initial evidence gathering and assessment, the Edmonton Police began an extensive
and comprehensive criminal investigation into Nasserdeen’s sexual assault.

38. On April 8, 2022, after months of careful investigation, Nasserdeen was arrested and
criminally charged for the sexual assault of J.M. Jessica.

39. On April 9, 2022, Antonius Magureanu was brought into the police station for questioning
regarding Nasserdeen’s assault of J.M. Jessica.

40. Nasserdeen’s criminal trial is set to take place in February 2024.

Nasserdeen’s Intentional Actions

41. Nasserdeen took advantage of his position of trust as J.M.’s Jessica’s boss and direct
superior to significantly harm and negatively impact all aspects of J.M.’s Jessica’s life and
her family’s life. Nasserdeen willfully inflicted pain and suffering, mental suffering, humiliation,
and degradation upon J.M. Jessica.

42. The sexual assault and resultant harm to J.M. Jessica were caused by the intentional conduct
of Nasserdeen, who had a duty of care and a responsibility for the safety and overall well-
being of J.M., Jessica the particulars of which are as follows:

a) Nasserdeen took advantage of J.M.’s Jessica’s trust, scheduled a meeting at a public

establishment, pressured her to drink, and then placed an unknown substance in her

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 beverage to incapacitate J.M, Jessica or in the alternative purchased copious
amounts of alcohol rendering J.M. Jessica unable to provide consent;

b) Nasserdeen knew or ought to have known that J.M. Jessica was in a vulnerable
position, and the sexual assault would cause her harm;

c) Nasserdeen engaged in forced, violent sexual activity without consent;

d) Nasserdeen wilfully inflicted pain and suffering, mental suffering, humiliation and
degradation on J.M. Jessica.

e) Nasserdeen instilled a fear of authority in J.M. Jessica; and

f) Nasserdeen assaulted J.M Jessica., when he knew or ought to have known that such
actions were both wrong and would cause J.M. Jessica to suffer physical and
psychological harm.

Coventry Homes Defends Nasserdeen, Degrading J.M.’s Jessica’s Character and Reputation.

43. Three days after Nasserdeen’s arrest, around 11:00 AM on April 11, 2022, members of
Executive Management held a meeting with Coventry Homes’ Sales Team. Members of the
sales team present included J.M.’s Jessica’s colleagues, Kaitlyn Ross and A.S., among
others. J.M. Jessica states that the purpose of the meeting was to explain the situation, but
was also used as an opportunity by members of Coventry Homes’ Executive Team to publicly
declare their loyalty to Nasserdeen and diminish the severity of the situation.

44. J.M. Jessica pleads that Coventry failed to conduct an investigation into Nasserdeen’s
criminal conduct and behaviour, both in accordance with its own policies and common law
obligations.

45. J.M. Jessica further states that Coventry failed to employ an internal Human Resources
professional and/or department where she may have been able to discuss the sensitive
situation in confidence.

46. Despite Nasserdeen being charged with sexual assault three days earlier, at 11:38 AM on
April 11, 2022, Coventry Homes’ CEO, Henri Rodier, sent a company-wide email defending
Robin Nasserdeen to all staff. The email states:

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 “To All Coventry Group of Companies Staff:

An allegation of misconduct has been made against one of our Executive

team members, Robin.

We know Robin well, I know Robin well, given the interactions with both
women and men at our company for the last 10 years.

For this reason, along with various factors, we have reason to take pause
about her allegations.

We take all such matters seriously and prefer to have this dealt with fully
and properly through the Justice system.

Henri.”

[bolded by the Defendant for emphasis]

47. On April 12, 2022, Robin Nasserdeen also sent a company-wide email defending himself to
all staff. The email states:

“Dear colleagues,

As many of you know it’s been a difficult past week for me. I have been as
shocked as anyone by allegations that have been made against me.
Unfortunately, rumours have also begun spreading at work and are
disrupting our otherwise exemplary workplace. I would like to set the record
straight about a lot of things, but my lawyers have told me that it has to wait
until the court process runs its course. I look forward to clearing my name.

In the meantime, I don’t want my personal issues to distract from any of the
important work we do here at Coventry. As such I’m going to be stepping
away from my role while I sort out some initial legal issues. You are all
exemplary professionals and are in good hands.

To your continued success,

Robin”

Edmonton Police Duty to Warn – Overwhelming Evidence of Nasserdeen’s Guilt

48. On or around June 20, 2022, as a result of the overwhelming evidence against Robin
Nasserdeen, a Duty to Warn was issued by an Alberta judge.

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49. As such, on June 20, 2022, Detectives with the Edmonton Police spoke with Henri Rodier in
accordance with the Duty to Warn. Detective Andrew Larson was advised by Henri Rodier
that Nasserdeen had been on leave since his arrest and would remain on leave until trial.
Despite assuring the Edmonton Police that Nasserdeen would not be returned to the
workplace until the conclusion of his criminal trial in February 2024, Coventry Homes returned
Nasserdeen to the workplace on September 12, 2022.

50. Consequently, J.M. Jessica pleads that the Defendant business has fundamentally failed to
recognize the severity of the situation, failed to protect its employees and further failed to
conduct an investigation into Nasserdeen’s criminal conduct.

Discrimination, Workplace Harassment, and Poisoned Work Environment

51. J.M. Jessica states that it was an express and/or an implied term of her employment with
Coventry Homes that it would provide a safe work environment, free of bullying,
discrimination, harassment, sexual harassment, and assault.

52. J.M. Jessica states that she was forced to work in a hostile environment, suffused with
ongoing workplace harassment, sexual harassment, unwanted sexual solicitation, bullying,
and discriminatory conduct. J.M. Jessica pleads that both her experience and C.G.’s Caitlin’s
experience establishes a pattern of abhorrent and repulsive behaviour, and that the
Defendants actively engendered, or at least intentionally ignored, its poisoned and toxic work
environment.

Coventry Homes’ Negligence

53. Coventry Homes was negligent and failed in its duty of care to J.M. Jessica, the particulars
of which are set out below:

a) Coventry Homes failed to screen Nasserdeen prior to hiring him;

b) Coventry Homes perpetuated a culture where male staff would degrade their female
colleagues;

i. J.M. Jessica states that Antonius Magureanu took male staff to a strip club
after a night of heavy drinking at an Edmonton Oilers game and subsequently
went on a tirade explaining that women were the weaker sex;

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 ii. J.M. Jessica states that Coventry Homes elected to hire an elderly
receptionist so Male Executives, specifically Mark Rodier, would be less
inclined to pursue sexual relationships with their subordinates;

iii. J.M. Jessica states that C.G. Caitlin was also sexually harassed, abused, and
exploited by Nasserdeen; and

iv. Such other abhorrent and callous conduct, the particulars of which will be
provided prior to trial.

c) Coventry Homes failed to implement safety measures and/or professional

boundaries that could have prevented J.M. Jessica from being assaulted by its own
Director of Sales;

d) Coventry Homes promoted a culture of heavy drinking, partying, and inappropriate

behaviour;

e) Coventry Homes owed J.M. Jessica, and other Coventry staff a duty of reasonable
care in ensuring they had and promoted a safe workplace;

f) Nasserdeen was an unfit Executive but was provided with significant power and
independence to oversee his female subordinates; and

g) Coventry Homes knew or ought to have known that Nasserdeen was a potential
sexual predator through his behaviour and vulgar stories, which were known to the
Company.

54. Coventry Homes’ negligence and failures to follow their own internal policies directly
attributed to the sexual assault, which severely harmed, humiliated, degraded, and violated
J.M.’s Jessica’s personal safety and dignity.

55. In addition, J.M. Jessica states that she was advised of the Company’s emails and that the
Defendants’ emails further negatively impacted her in her already fragile state.

Coventry Homes’ Vicarious Liability

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56. Coventry Homes holds itself out to be a conscientious employer with various charitable
partnerships and partnerships with the Edmonton Oilers, that promotes an open-door policy
of honesty and accountability.

57. To the general public, Coventry Homes holds Nasserdeen in high regard, with newspapers
and online articles prominently featuring Nasserdeen’s role as an important member of the
Executive Management, as its Director of Sales.

58. J.M. Jessica pleads Coventry Homes fostered a toxic work environment suffused with
ongoing bullying, discrimination, sexism, harassment, sexual harassment, and placed
Nasserdeen in a position of power over her. J.M. Jessica further pleads that Coventry Homes
enabled Nasserdeen to abuse his position of power and sexually assault J.M. Jessica.

59. As such, Coventry Homes is vicariously liable for the actions of Nasserdeen.

DAMAGES

The Plaintiff, J.M., Jessica claims the following heads of damages:

Personal Injury Damages

60. As a result of the violent sexual assault, J.M. Jessica sustained damages and losses, which
include but are not limited to:

a) Mental anguish;

b) Shame, guilt, and feelings of worthlessness;

c) Nervous shock, humiliation, and degradation;

d) Impairment of her opportunity to continue in her successful and rewarding career;

e) Impairment of her physical health, mental health, and emotional well-being;

f) Impairment of her ability to support herself;

g) Impairment of her ability to support her family;

h) Emotional and psychological trauma;

i) Rectum damage;

j) Post-traumatic stress, anxiety, and depression;

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 k) Insomnia;

l) A reduction in the activities which she enjoyed prior to the sexual assault; and

m) A reduction in her enjoyment of life.

61. J.M. Jessica has suffered and will continue to suffer physical, emotional, and mental pain.
Her life was fundamentally changed by the aforementioned sexual assault and the effect will
be everlasting.

62. J.M. Jessica was profoundly affected by Nasserdeen’s behaviour in a negative way and as
a result suffered the following:

a) Mistrust of men;

b) Mistrust of authority;

c) Inability to engage in normal human relations, including difficulties with trust;

d) Disassociation;

e) Depression;

f) Hair loss from chronic stress and fatigue;

g) Suicidal ideation; and

h) Insomnia.

63. As a result of the sexual assault, J.M.’s Jessica’s ability to carry a normal life has been
severely damaged because of ongoing pain and suffering caused by the actions and inaction
of the Defendants. J.M. Jessica states that she struggled to get out of bed for months. J.M.
Jessica states her ability to act as the mother her children need has also been compromised
due to the events described herein. J.M. Jessica states her elderly grandparents spent weeks
travelling to her home to care for her children, as she was unable to.

64. As a result of the sexual assault, J.M. Jessica has undergone and will continue to undergo
extended, specialized therapy, rehabilitation, and other forms of medical treatment, and in
addition, has received, and will continue to receive medication for her injuries. J.M. Jessica
states her husband was also unable to attend work for months, became dependent on
Employment Insurance benefits, and also received therapy for Post-Traumatic Stress
Disorder.

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65. J.M. Jessica states that her matrimonial home had their power shut off as both J.M. Jessica
and her husband had little money coming in. J.M. Jessica states she had to ration her family’s
food due to ongoing financial difficulties directly attributed to the actions and inaction of the
Defendants. J.M. Jessica further states both her and her husband’s credit scores have been
severely damaged, as they fell behind on various payments.

66. In addition, all other members of J.M.’s immediate family Jessica’s children are undergoing
specialized therapy. J.M. Jessica claims damages for all out-of-pocket expenses arising from
the sexual assault both for herself, and for her family.

67. As a result of the sexual assault, J.M. Jessica has incurred and will continue to incur medical
expenses, including but not limited to medication; therapy; rehabilitation; medical treatment;
and other forms of care, the full particulars of which will be provided prior to trial.

68. As a result of the sexual assault, J.M. Jessica was unable to work for six months and her
future earnings potential has been significantly impacted by the Defendants actions and
inaction. J.M. Jessica states that her promising career as a real estate agent, for which she
won the CHBA Gold Sales Volume Award in 2016, has been severely impacted. J.M. Jessica
pleads that Coventry’s public support of Nasserdeen further damaged her reputation in the
homebuilding industry.

69. J.M. Jessica pleads and relies upon the Contributory Negligence Act, RSA 2000, c C-27, the
Victims of Crime and Public Safety Act, RSA 2000, c V-3, and the Canadian Victims Bill of
Rights, SC 2015, c 13, s 2.

70. General and Special Damages in the sum of $2,000,000.00 for intentional acts of battery and
sexual assault as well as for negligence.

Wrongful Dismissal Damages

71. J.M. Jessica pleads that if this Honourable Court finds her employment has been wrongfully
dismissed, she is entitled to reasonable notice pursuant to the common law.

72. In assessing her entitlement to reasonable notice at common law, J.M. Jessica pleads that
this Honourable Court ought to consider the following factors:

a) J.M.’s Jessica’s medical inability to work for six (6) months;

b) J.M.’s Jessica’s age of 32;

c) J.M.’s Jessica’s 1 year and 7 months of service;

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 d) J.M.’s Jessica’s position as an Area Sales Manager;

e) J.M.’s Jessica’s high rate of remuneration;

f) J.M. Jessica is undergoing therapy; and

g) The impact of the sexual assault on herself, her family, and her ability to focus on her
future career and mitigate damages.

73. In light of these factors, J.M. Jessica pleads that she is entitled to compensation in lieu of
reasonable notice in the amount of $120,286.77 representing a reasonable notice period of
ten (10) months.

Breach of Duty to Investigate and Provide a Safe Work Environment

74. J.M. Jessica pleads that it was an implied term of her employment with the Defendant that
she would be provided with a safe and healthy work environment free from workplace
sexual harassment. The Plaintiff pleads that the Defendant breached their duties and
obligations to her in this regard.

75. The Plaintiff, in particular, pleads that the Defendant’s failure to properly investigate sexual
harassment complaints, and take steps to prevent further harassment in the workplace,
was a violation of their duties to investigate and provide a safe and healthy work
environment pursuant to Alberta’s Occupational Health and Safety Act, SA 2020, c O-2.2
(“OHSA”), and pursuant to the common law.

76. The Plaintiff pleads and relies upon the provisions of the Alberta Occupational Health and
Safety Act, SA 2020, c O-2.2.

77. The Defendants actions and inaction resulted in J.M. Jessica being subjected to a
poisoned work environment, which was not contemplated by the contract of employment
and, was completely antithetical to the spirit and intent of the contract of employment. J.M.
Jessica states that the Defendant had an obligation to maintain a workplace free of such
harassment but failed to do so. J.M. Jessica states she was humiliated, and deeply
impacted by the Defendants’ actions and inaction, even once clearly known. Rather than
commencing a formal investigation, the Defendant business defended Nasserdeen, and
negatively impacted J.M.’s Jessica’s professional reputation.

78. As a result of the Defendant’s breach of its duties and obligations, J.M. Jessica has
suffered, and will continue to suffer damages. The Plaintiff therefore pleads that she is
entitled to damages for breach of the common law and statutory duty to provide a safe

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 and healthy work environment, and investigate complaints of harassment, in the amount
of $50,000.00.

Moral Damages

79. In determining the Plaintiff’s damages, J.M. Jessica pleads that this Honourable Court ought
to account for the Defendant’s failure to comply with their duty of good faith and fair dealings
in the manner of employment. In that regard, the Plaintiff pleads that when the parties entered
into the contract of employment, it was contemplated that if the Defendant were to breach
their duty of good faith and fair dealings during J.M.’s Jessica’s employment, it was
reasonably foreseeable that this would cause her mental distress. The Plaintiff therefore
pleads and relies upon the following:

a) Coventry Homes’ failure to provide a safe and healthy, harassment-free workplace

for the Plaintiff;

b) Coventry Homes’ failure to take all reasonable steps to prevent sexual harassment
in the workplace;

c) Coventry Homes’ discrimination of the Plaintiff on the basis of sex and disability as
outlined above;

d) Coventry Homes’ failure to conduct an investigation; and

e) Coventry Homes’ failure to conduct an investigation once C.G. Caitlin also confirmed
her experience with Nasserdeen.

80. J.M. Jessica states that her successful career as an Area Sales Manager was irreparably
tarnished by the collective conduct of the Defendants. The Defendants’ actions have deeply
impacted J.M.’s Jessica’s livelihood and future earning capacity. J.M. Jessica states that she
is the breadwinner of her family and that the impact has been extraordinary.

81. The Defendants actions and inaction, as particularized above, have impacted J.M.’s
Jessica’s dignity, feelings, and self-respect.

82. J.M. Jessica pleads that the mental distress she was caused as a direct result of the actions
and inaction taken by the Defendant, as particularized above, has caused her extreme stress,
anxiety, depression, insomnia, and Post-Traumatic Stress Disorder.

83. The Plaintiff therefore pleads that she is entitled to moral damages in the amount of
$75,000.00.

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J.M. Jessica is entitled to Damages for Intentional Infliction of Mental Suffering

84. J.M. Jessica states that she has suffered and continues to suffer from significant mental and
physical distress and loss of enjoyment of life as a result of the Defendant’s conduct, as
outlined above.

85. Nasserdeen’s actions, and Coventry Homes’ actions and inaction were calculated,
intentional acts designed to cause harm.

86. J.M. Jessica states that it was within the reasonable contemplation of the parties, and
reasonably foreseeable, that if the Defendants treated J.M. Jessica in the manner that it did,
J.M. Jessica would suffer mental distress and psychological injury due to the Defendants’
reckless disregard.

87. J.M. Jessica states that the Defendants actions and inaction were calculated to produce
harm, and did result in significant harm to J.M. Jessica.

88. Further, the Defendant’s conduct was designed to inflict, and did inflict, mental distress upon
J.M. Jessica at a time when the Defendant knew or ought to have known that she was
vulnerable.

89. J.M. Jessica therefore pleads that she is entitled to damages for intentional infliction of mental
distress in the amount of $150,000.00.

Punitive Damages

90. The Plaintiff pleads that the Defendant’s breach of their duty of care as outlined above, as
well as the actions and inaction of the Defendants are actionable wrongs unto themselves.
The Defendants actions were so harsh, vindictive, reprehensible, and malicious that they are
deserving of punishment of their own by this Honourable Court, and to deter.

91. The Plaintiff therefore pleads that she is entitled to punitive damages in the amount of
$75,000.00 as against the Defendants to demonstrate the Court’s condemnation of the
Defendants actions and inaction.

Mitigation and Place of Trial

92. The Plaintiff states that she has incurred and will continue to incur certain out-of-pocket
expenses to mitigate her damages for which she is entitled to be reimbursed by the
Defendant. The Plaintiff undertakes to provide particulars of these expenses prior to the trial
of this action.

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93. The Plaintiff proposes that this action be tried in the City of Edmonton, in the Province of
Alberta.

Remedy sought:

94. The Plaintiff claims against the Defendants:

a) A declaration that the Defendant, Coventry Homes, is vicariously liable for the actions
of the Defendant, Robin Nasserdeen.

b) A declaration that the Plaintiff was constructively terminated from her employment in
or around June 2021.

c) General and special damages in the sum of $2,000,000.00 for intentional acts of
battery and sexual assault, as well as for negligence;

d) Damages for wrongful dismissal in the amount of:

i. $120,286.77 for lost earnings during the ten (10)-month reasonable notice
period;

ii. $12,028.68 for lost benefits during the ten (10)-month reasonable notice
period; and

iii. $7,217.21 for lost vacation pay, eligible for carryover, during the ten (10)-
month reasonable notice period.

e) A declaration that the Defendant failed to provide a safe and healthy work
environment for the Plaintiff, thereby breaching their common law duties to do so, as
well as their duties pursuant to the Occupational Health and Safety Act, SA 2020, c
O-2.2.

i. Damages for this breach in the amount of $50,000.00;

f) Moral damages for the bad-faith manner of termination in the amount of

$75,000.00;

g) Intentional Infliction of Mental Suffering in the amount of $150,000.00;

h) Punitive damages in the amount of $75,000.00;

i) Prejudgment interest pursuant to the Judgment Interest Act, RSA 2000, c. J-1, and
the regulations thereunder;

j) Costs of this action; and

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 k) Such further and other relief as this Honourable Court deems just.

NOTICE TO DEFENDANT(S)
You only have a short time to do something to defend yourself against this claim:

20 days if you are served in Alberta

1 month if you are served outside Alberta but in Canada
2 months if you are served outside Canada.

You can respond by filing a statement of defence or a demand for notice in the
office of the clerk of the Court of King’s Bench at Edmonton, Alberta, AND serving
your statement of defence or a demand for notice on the plaintiff’s(s’) address for
service.

WARNING

If you do not file and serve a statement of defence or a demand for notice within
your time period, you risk losing the law suit automatically. If you do not file, or do
not serve, or are late in doing either of these things, a court may give a judgment to
the plaintiff(s) against you.

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