COURT FILE NUMBER, 1903 11921 court ‘COURT OF QUEEN'S BENCH OF ALBERTA JUDICIAL CENTRE EDMONTON PLAINTIFFS: IAN HAGUE, Executor of the Estate of Tim Hague (Deceased) and the ESTATE OF TIM HAGUE (Deceased) DEFENDANTS ‘THE CITY OF EDMONTON, EDMONTON COMBATIVE SPORTS COMMISSION, EDMONTON ECONOMIC DEVELOPMENT CORPORATION, PAT REID, LEN KOIVISTO, SHELBY KARPMAN, SHIRDI NULLIAH, DAVID AITKEN, 1259754 ALBERTA LTD., 1248345 ALBERTA LTD, and K.O. BOXING CANADA DOCUMENT ‘STATEMENT OF DEFENCE PARTY FILING THIS EDMONTON ECONOMIC DEVELOPMENT DOCUMENT CORPORATION ADDRESS FOR SERVICE AND _Parlee McLaws LLP CONTACT INFORMATION OF Barristers and Solicitors PARTY FILING THIS 1700, 10175-101 Street NW DOCUMENT Edmonton, AB T5J 0H3 Attention: Jerri L, Cairns Phone: (780) 423-8500 / Fax: (780) 423-2870 File No.: 72729-38/JL.C Note: State below only facts and not evidence (Rule 13.6) Statement of facts relied on: 1. The Defendant, Edmonton Economic Development Corporation ("EEDC”) denies each and every allegation contained in the Statement of Claim, except where hereinafter expressly admitted. 2. EEDC adopts the terms as defined in the Statement of Claim, where used herein, unless otherwise stated, 3. EEDC admits that it is a not-for-profit corporation incorporated pursuant to the provisions of the Companies Act, RSA 2000, c.C-21. {€8208001.0¢; 1}4 ‘Any matters that defeat the claim of the Plaintiffs: cy 6 10. 1. 12. 2B. EEDC admits that it was responsible for the management of the Shaw Conference Centre, a convention center, in the City of Edmonton, EEDC denies that they were negligent as alleged, or at all In specific reply to paragraph 25 of the Statement of Claim, EEDC denies that it had any role or involvement in the collection of medical documentation for Tim Hague ("the Deceased”), nor was EEDC involved in any considerations, investigations or conclusions regarding the Deceased, or his fitness to participate in combative sports, or in allowing the Deceased to participate in the Braidwood Fight. In further specific reply to paragraph 25 of the Statement of Claim, EEDC denies that it failed in ‘any way with respect to safety or emergency planning and denies any failure to have appropriate medical equipment in place. In further specific reply to paragraph 25 of the Statement of Claim, EEDC denies that it had any role in or obligation to arrange for medical staff or ambulances at the event. EEDC denies that it breached the Occupiers’ Liability Act in any way. EDC states that the Deceased willingly, with full knowledge of his medical state and fitness, including his prior injuries, and with full knowledge of the risks, but without any Involvement of EEDC, elected to enter into and proceed with the Braidwood Fight thereby accepting or assuming all risks associated with the Braidwood Fight. EEDC states that the Deceased’s actions were the sole cause of his death and that he was negligent, or willfully blind. EEDC states that the Deceased assumed all risks of injury or death when he entered into and proceeded with the Braidwood Fight. Alternatively, the Deceased was contributorily negligent. EEDC denies that the Plaintiffs sustained injury, loss or damage, as alleged, or at al. If the Plaintiffs suffered the alleged, or any, injuries, losses or damages, which is not admitted but denied, such injuries, losses or damages, or factors contributing thereto, were caused solely by the negligence, or willful actions of the Deceased, particulars of which include: a. Participating in a combative sporting event when he knew or ought to have known that he was not medically cleared or ft to fight; b. Participating in a combative sporting event when he may have been or should have been medically suspended by another jurisdiction; Ignoring advice of his medical practitioners who had warned him to avoid combative sports; 4d. Falsifying any statutory declaration of his fitness in order to participate in a combative sporting event; (es20801 000; 1fe. Generally failing to take any care for his own safety and well- being; and, f, Such further and other particulars of negligence which will be proven at the trial of this action. 14, If the Plaintiffs sustained injury, loss or damage, as alleged, which is not admitted but denied, EEDC states that the injury, loss or damage was caused solely by the negligence of the co- Defendants, particulars of which are set out in the Statement of Claim, 15, EEDC states that, if the Plaintiffs suffered injuries, losses or damages, which is not admitted but denied, those injuries, losses or damages are too remote, not foreseeable and not recoverable. 116. EEDC denies that the Plaintiffs are entitled to any of the remedies sought in the Statement of Claim, or to any remedies at all. EEDC specifically denies the Plaintiffs are entitled to punitive damages, 17. EEDC pleads and relies upon the Contributory Negligence Act R.S.A 2000 c. C-28, all as amended and the regulations thereto. Remedy sought: 18, EEDC request that the action against them be dismissed without costs. (es20001.00¢;31