BRITISH COLUMBIA
SUPERIOR COURT OF JUSTICE
LANNY KAPETZ
Plaintiff
– and –
BCAA INSURANCE CORPORATION
Defendant
STATEMENT OF CLAIM
TO THE DEFENDANT
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 British Columbia.
If you are sued 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. 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 years after the action was commenced unless otherwise
ordered by the court.
Date: June 8, 2020 Issued by ________________________
Local registrar
CLAIM
1. The plaintiff claims on his own behalf the following:
(a) Judgment in her favour and against the defendant;
(b) An award of special damages in the sum of $65,000;
(c) An award of general damages in the sum of $1,000,000;
(d) An award of punitive damages;
(e) An award of attorney fees as required by law;
(f) An award of costs of this lawsuit;
(g) An award of pre- and post-judgment interests; and
(h) An award of such further legal and equitable relief as this
Honorable Court deems fair and proper under the circumstances.
The Parties
2. The plaintiff, Lanny Kapetz, is a law-abiding female adult of
sound mind and a resident of 102-611 Goldstream Ave, Victoria, British
Columbia, Canada V9B2W9.
3. The defendant, BCAA Insurance Corporation, is a company
incorporated under the laws of Canada, and is in the business of providing
insurance services to its consumers.
The Insurance Policy
4. The plaintiff obtained insurance from the defendant through
its subsidiary agency, BCAA Insurance Agency under policy number
G7207029.
5. The insurance was for the plaintiff’s property located at 102-
611 Goldstream Ave, Victoria, British Columbia, Canada V9B2W9.
6. The insurance was comprehensive and its premium was
$748.79 per year.
Loss Due to Theft
7. On August 23, 2020, the plaintiff’s house on her property
located at 102-611 Goldstream Ave, Victoria, British Columbia, Canada
V9B2W9 was broken into.
8. The thieves stole $350,000 worth of personal property,
among them 16 cell phones.
Denial of Coverage
9. The plaintiff reported the theft of her personal property to the
defendant and sought to be reimbursed to the position where the was
before the theft happened.
10. The defendant denied the plaintiff’s claim and stated that
there was no evidence to show that the plaintiff’s house was broken into.
11. The plaintiff went to the ombudsman’s office and was
informed that she needed to refile her forms.
12. The defendant sent the plaintiff a cease and desist notice
and attempted to put the plaintiff in a mental institution because of what
she was saying regarding the theft.
Breach of Contract and Breach of Implied Duty of Utmost Good Faith
13. The plaintiff pleads that the defendant was contractually
obligated to compensate the plaintiff for any loss or damages referred to in
the policy, and that by failing to do so, the defendant has breached the
contractual obligation owed to the plaintiff under the policy.
14. The plaintiff paid premium for comprehensive insurance of
her property in the expectation that the defendant would honour its
contractual obligations in good faith.
15. The defendant has failed to honour its contractual
obligations and has failed to deliver the peace of mind that plaintiff relied
upon when she paid for insurance.
Damages
16. As a result of the breach of contract by the defendant, the
plaintiff has suffered damages, including but not limited to loss of money
spent to replace the personal property that was stolen on August 23,
2020.
17. The plaintiff is entitled to compensation for the personal
property stolen on August 23, 2020 as well as damages for breach of
contract and breach of implied duty of utmost good faith.
Dated this ___ day of October, 2022.
Respectfully Submitted,
______________________________
Lanny Kapetz,
Plaintiff in pro per
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