NO. VANCOUVER REGISTRY IN THE SUPREME COURT 0F BRITISH COLUMBIA BETWEEN PERCY SHROFF PLAINTIFF AND SHIAMAK DAVAR DEFENDANT NOTICE OF CIVIL CLAIM This action has been started by the Plaintiff for the relief set out in Part 2 below. If you intend to respond to this action, you or your lawyer must ?le a Response to Civil Claim in Form 2 in the above?named registry of this court within the time for Response to Civil Claim described below, and serve a copy of the ?led Response to Civil Claim on the Plaintiff. If you intend to make a counterclaim, you or your lawyer must file a ReSponse to Civil Claim in Form 2 and a Counterclaim in Form 3 in the above-named registry of this court within the time for Response to Civil Claim described below, and serve a copy of the ?led Response to Civil Claim and counterclaim on the Plaintiff and on any new parties named in the Counterclaim. JUDGMENT MAY BE PRONOUNCED AGAINST YOU IF YOU FAIL to ?le the Response to Civil Claim within the time for Response to Civil Claim described below. TIME FOR RESPONSE TO CIVIL CLAIM A Response to Civil Claim must be filed and served on the Plaintiff, if you reside anywhere in Canada. within 21 days aflcr the date on which a copy of the filed Notice of Civil Claim was served on you, if you reside in the United States of America. within 35 days afier the date on which a copy ofthe filed Notice of Civil Claim was served on you, ifyou reside elsewhere, within 49 days after the date on which a copy of the fried Notice of Civil Claim was served on you, or if the time for Response to Civil Claim has been set by order of the court, within that time. CLAIM OF THE PLAINTIFF PART 1: STATEMENT OF FACTS l. The Plaintiff. Percy Shrofl'. is an IT Services Provider, resident in North Vancouver, British Columbia whose address for service is do Cooper Litigation, 540 -- 220 Cambie Street, Vancouver, British Columbia. 2. The Plaintiff was born in Mumbai, India on January 31 1975, and moved to North Vancouver, British Columbia in 1998. 3. The Defendant, Shiamak Davar, (the "Defendant Dewar") has a residence at- --North Vancouver, British Columbia. The Defendant Davar also has a iesidenee mm 4, The Defendant is a choreographer and dance performer and founder and operator of "The Shiamak Davar Dance Company", a performing dance company, and "Shiamak Davar International", an international dance academy. The Defendant's website states, among other things, that "Shiamak Davar International" is the world's biggest dance academy operating across India, Canada, Australia, the UAE and the UK, and that "The Shiamak 2 Davar Dance Company? is a dance troupe personally trained by the Defendant and which travels globally with the Defendant ?to take the varied colours and energy of Indian culture to international audiences?. The Defendant?s website asserts that the Defendant Davar is the ?Guru of Contemporary Dance in. India?. 5. The Defendant Davar?s ?Shiamak Davar International? dance academy offers dance classes at numerous locations throughout Vancouver, North Vancouver, Burnaby and Surrey. 6. The Defendant Davar is the leader of a spiritual group called VRRP Spiritual Learning. Among other things, the group believes that there is one god, that one needs to be a good person on earth, and that one will undergo reincarnation. The group?s founder and initial leader, Ms. Khorshed Bhavnagri, purported to receive messages from her deceased two sons (Vispi and Ratoo) and later her husband (Rumi) whom she claimed were communicating to her from the spirit world and giving her and her associates, including the Defendant Davar, instructions. In 2007 Ms. Khorshed Bhavnagri died and the Defendant Davar succeeded her as leader of the spiritual group. 7. As set out in more detail below, in. or around 1998 some members of the VRRP spiritual group moved from India to reside in a speci?c area of North Vancouver, initially under the leadership of Ms. Bhavnagri, and since 2007 under the leadership of the Defendant Davar. Defendant Davar?s Sexual Grooming of the Plaintiff: 8. The Plaintiff joined the Defendant?s dance classes in. Mumbai, India when he was 16 years old. The dance classes were at a school founded and operated by the Defendant, called Shiamak Davar?s Institute of the Performing Arts (SDIPA). At the time the Defendant was the primary person for western dance styles in India and was a big name and a celebrity in India. 9. After the second class Davar invited the Plaintiff to join his upcoming Show. The Plaintiff was in awe of Davar and thrilled by the invitation. After that he was selected as one of the Defendant?s core group of dancers who would perform at his shows. Shortly thereafter the Plaintiff was asked to become a dance company member by the Defendant. 10. As one of the Defendant?s core group of dancers and a company member, the Plaintiff was continuously exposed to the ideas of the Defendant?s spiritual group. The Defendant circulated Ms. Bhavnagri?s books among the dancers and spoke of them with approval. The Defendant made sure he was present when the Plaintiff and his sister first met Ms. Bhavnagri. The Plaintiff was attracted to the underlying principles, as well as deferential to the Defendant?s direction, and soon became a member of the sect. ll. The group?s teachings include that there are different spiritual levels. Every few months or so members of the group are assigned a numerical ranking by the leaders. A higher number or ranking means that the member is rising spiritually and a lower number means that the member is falling spiritually. Someone with a higher number has a higher spiritual level and is considered a better person. 12. The Defendant had a higher spiritual level in the group than the Plaintiff. The Defendant?s status in the group made the Plaintiff want to please the Defendant to improve his spiritual standing. 13. After the Plaintiff became a dance performer for the Defendant, the Defendant began a grooming process to manipulate the Plaintiff into sexual submission. The Defendant became physically affectionate, hugging and kissing the Plaintiff He would talk to the Plaintiff often and tell him things like want to be your friend but you do not respond?. The Plaintiff did not understand and thought the Defendant was joking. 14. After a few months, the Defendant asked the Plaintiff to assist him in giving dance classes across Mumbai. After class one day the Defendant telephoned the Plaintiff and said know your secret?. The Plaintiff was stunned. He was young and was not yet conscious of being gay. The Defendant said that he and the Plaintiff were similar ?that way? and that he would help the Plaintiff. The Plaintiff said nothing. 15. Thereafter, the Defendant started to make advances to the Plaintiff. Initially the Plaintiff did not understand what was going on as he had never met someone whom he identi?ed as homosexual. He thought the Defendant?s ways were different but had to be correct, as the Defendant was a spiritual guru, his dance instructor, and an up and coming celebrity in India. 16. Among other things, the Defendant would regularly shower in the Plaintiffs presence and would ask the Plaintiff to stay and talk to him in the bathroom while he was showering. There was no shower door or curtain between the shower area and rest of the bathroom. The Defendant told the Plaintiff that all boys do this and that it was normal. The Defendant then started telling the Plaintiff to join him in taking a shower together in the Plaintiffs bathroom. At first the Plaintiff was hesitant but the Defendant insisted that it was normal and that he had showered with other boy dancers many times before. During their showers the Defendant would tell the Plaintiff that other people had told him that they wished they had such a ?sexy ass? as his. The Defendant would turn around and protrude his buttocks in front of the Plaintiff asking if that was true. The Plaintiff was uncomfortable by the Defendant?s actions and what he was saying, and would try to laugh it off and change the subject. 17. The Defendant repeatedly pressured the then 16 or 17 year old Plaintiff to talk about his feelings towards other men. The Plaintiff was uncomfortable and did not want to discuss such feelings. The Defendant told the Plaintiff that he was messed up and sel?sh for not wanting to open up about what he felt, and that the Plaintiff?s soul would not move ahead spiritually if he did not comply with the Defendant?s directions. 18. On one occasion the Defendant ?auto?wrote? for the Plaintiff, purporting to channel a message from a soul in the spirit world who told the Defendant to tell the Plaintiff not to accept that he was gay. Despite having purported to deliver that message to the Plaintiff, the Defendant persisted in talking to the Plaintiff about homosexuality and gay sex and berating the Plaintiff for not opening up to the Defendant about his gay feelings. 19. The Defendant demanded that the Plaintiff tell him what he would do if he were having sex with a man or with the Defendant. The Defendant recounted his own sexual exploits with men. It eventually became clear to the Plaintiff that the Defendant wanted more from him than platonic friendship. The Defendant would become emotional and angry with the Plaintiff for not reciprocating and for not engaging in what the Defendant called a ?true spiritual friendship?. The Defendant told the Plaintiff that he had shown ?love? to other male dancers the Plaintiff knew. Initial Sexual incident and Sexual Acts: 20. When the Plaintiff was 17 years old, the Defendant returned from a visit abroad. The Defendant telephoned the Plaintiff and made advances to hint, telling him how sexually aroused the Defendant was. The Plaintiff sought the Defendant?s acceptance by telling him that he was sexually aroused as well. The Defendant told the Plaintiff to come to his apartment. which he did. The Plaintiff was very nervous but deferred to the Defendant?s greater knowledge and spiritual authority. The Plaintiff told himself that. it was spiritually the right thing to do for his soul and own development, and that this is what he had to do to gain such a spiritually good and high person?s acceptance. 21. The Defendant took the Plaintiff into a bedroom and locked the door. The Plaintiff was in a state of great stress and does not remember all the details. The Plaintiff recalls that the Defendant performed the following sexual acts on the Plaintiff: grabbed the Plaintiff, hugged him and kissed the nape of his neck; made the Plaintiff lie on top of the Defendant and grind his crotch into the Defendant?s; took the Plaintiff?s pants down and his own down and tried to perform fellatio on the Plaintiff, until the Plaintiff stopped him; and masturbated the Plaintiff to ejaculation and then did the same for himself. (the ?Sexual Acts?) 22. Afterwards. the Defendant told the Plaintiff that the guilt would set in but to relax and that every man had done something like this. 23. The following day the Plaintiff felt guilty and very distressed about the Sexual Acts. He telephoned the Defendant and told him that he could never do that again. The Defendant replied ?Fine you can?t handle it? or words to that effect. Sexual Harassment and Spiritual Control of the Plaintiff by the Defendant: 24. After the Plaintiff told the Defendant that he could not do the Sexual Acts again, the Defendant?s treatment of the Plaintiff was consistently negative. For the next. few years, the Defendant continued to berate and harass the Plaintiff. The Defendant repeatedly called the Plaintiff names and told him that he was sel?sh and that his soul could not progress spiritually fast enough because he would not submit further to the Defendant. 25. The Defendant constantly judged the Plaintiff from his position of authority, criticizing him and yelling at him in front of other dancers and dance students. Even though the Plaintiff was one of the Defendant?s core principal male dancers the Defendant would take him out of the good dance roles. The Defendant continually discouraged the Plaintiff in his career as a dancer. He took the principal dancers of the dance company for its first dance Show abroad and left only the Plaintiff behind, publically humiliating him. 26. The Plaintiff continued to try to please the Defendant as his dance director and spiritual leader and to find other ways to please the Defendant, but the Defendant did not give him any credit. The Plaintiff began to feel that the Defendant must be right because of his spiritual power and that the Defendant was right to tell the Plaintiff that he was stupid to feel so guilty about the Sexual Acts, and then blamed himself for feeling guilty. 27. After several years the Plaintiff began to date a young woman named Rhea and became engaged to her. The Defendant was very close to Rhea and her family, some of whom later became followers of the Defendant?s spiritual group. The Plaintiff thought that once he started dating Rhea the Defendant would cease his sexual harassment. However even. though the Defendant told the Plaintiff that Rhea was perfect for him, he continued his sexual talk and. advances to the Plaintiff. 28. After the Plaintiff joined the spiritual group the Defendant?s spiritual group shifted direction toward a greater interest in black magic, and a belief that an apocalypse occurred every 7000 years. In preparation for the next round, Ms. Bhavnagri determined that the members of the group should leave India. She directed the Plaintiff and Rhea to move to Australia, and the Defendant and other members were to move to Vancouver, Canada. The Plaintiff was relieved that he would be separated from the Defendant. However, the Defendant persuaded Ms. Bhavnagri that the Plaintiff and Rhea should also be among those who moved to Vancouver. They did so in 1998. 29. The Plaintiff and Rhea married at the direction of Ms. Bhavnagri, who told them that if they refused their souls would be condemned spiritually. Before the wedding, the Defendant told the Plaintiff that he was setting an example to other men who had gay feelings of how to do the right thing by marrying a woman. 30. Between 1998 and 2007 the Plaintiff?s contact with the Defendant was reduced, as the Defendant remained in India, visiting Vancouver about twice a year. When the Plaintiff saw the Defendant it was almost always in the company of other members of the Spiritual group. During this time period, group members in Vancouver were controlled and their allegiance to the group tested by the Defendant, Ms. Bhavnagri and other senior group leaders in a variety of ways including: how to raise their children on a day to day basis. Each child is judged from birth as to their spiritual level and guidance is then given on how to raise and deal with them. Their progress is also monitored by souls in the spirit world Who then supposedly advise the group leaders including the Defendant; they are discouraged from wearing red and black clothes together on the basis that it attracts black magic; (0) they are permitted to purchase only certain cars and they must not be black or white in color; the Defendant provides a "good and bad day calendar? to all group members. Each day of the month is marked as either good or bad days. There are many bad days every month. 011 bad days group members are advised not to do anything risky, travel, drive long distances (even for a few hours), sign any important documents and they must take more measures to protect themselves from black magic; everyone in the group has been made to fear eclipsesg the day before and after. Black magic is supposed to be the most during eclipses and a lot of bad things in their lives are blamed on that; the moon is considered a prison of bad souls and group members are advised to not even look at it; group members in Vancouver are only permitted to live on a few blocks between West 17th Street and West 22Ind Street in North Vancouver off Lonsdale Ave. All other areas are considered unsafe in the inuninent apocalypse. Group members who can afford better homes are not permitted to purchase them outside those boundaries. If any home goes up for sale in the above boundary, the group leaders decide which group member is ?rst in line for that home; and group members are told not to talk about these and other rules to people outside the group and even to go so far as to deny them, on the basis that outsiders will not understand the truth and only evolved people will. 31. After their marriage, the Plaintiff and his wife were pressured to have a child. By this time the Plaintiff was starting to accept that he was a gay man, despite the group?s teachings that homosexuality was not normal and was ?curable?. The Plaintiff was told by the group leaders that his soul was falling spiritually as a result of the delay in having a child and he began to be ostracized by the group. The Plaintiff's wife became pregnant in late 2005 and gave birth to their son in August 2006. The Plaintiff was welcomed. back into the group and his involvement was increased with the group. 32. By 2007 Ms. Bhavnagri was in poor health. The Defendant travelled more frequently to Vancouver and was in increased contact with the Plaintiff, who was spending a great deal of time caring for Ms. Bhavnagri. The Defendant started to pay more attention to the Plaintiff. The Defendant talked to the Plaintiff about the Defendant?s gay interests and encouraged the Plaintiff to talk about his interests, while telling him that he was doing the right thing by staying married and controlling his feelings. The Defendant told the Plaintiff that talking about his feelings in this way allowed him to let off steam. The Defendant was ?irtatious with the Plaintiff, calling him ?darling? and touching his arm, back, shoulders, stomach, chest or leg while talking. 33. In 2007 Ms. Bhavnagri died and the Defendant succeeded her as leader. Before Ms. Bhavnagri died, she directed the Plaintiff to assist the Defendant in carrying on her teachings. Additional Sexual Demands: 34. Between 2008 and 2010 the Plaintiff assisted the Defendant in running VRRP Spiritual Learning by organizing regular meetings, passing on spiritual teachings of the group, providing spiritual counselling sessions, and various administrative roles. 35. During this time the Plaintiff learned that the Defendant had been abusing his spiritual, celebrity and ?nancial status by having sex with married and attached straight men, including young dance and spiritual students. The Defendant told the Plaintiff that in Mumbai the Defendant had had sex with his driver, servants and building staff. The Defendant told the Plaintiff that he liked having sex with straight boys and men. The Plaintiff urged the Defendant to stop these activities because these boys and men looked up to the Defendant as a spiritual guru 10 and celebrity and because he was deceiving their parents, wives and girlfriends. The Defendant told the Plaintiff that the males he had sex with always had more to lose by speaking out about it. 36. In 2009 the Plaintiff travelled to Mumbai to assist the Defendant with a book launch for the spiritual group. The Defendant told the Plaintiff he was repressed sexually. The Defendant arranged a three way sexual encounter with himself, the Plaintiff and a male model who was looking for the Defendant to give him work as an actor. The Defendant directed the Plaintiff to sit on a chair in the room while the Defendant and the model lay on the bed with their genitals exposed and fondled each other. The model took direction from the Defendant who told him what to do and helped the Defendant to masturbate. The Defendant told the Plaintiff to join in, but he was reticent. Instead the Plaintiff masturbated himself to please the Defendant. The Plaintiff deferred to the Defendant as the spiritual leader, but was deeply ashamed. 37. In or about 2009, the Plaintiff visited the Defendant at his North Vancouver residence. The Defendant instructed the Plaintiff to join him on his bed and the Defendant masturbated himself while embracing him. The Plaintiff deferred to the Defendant?s wishes, believing he was serving a great man who was doing God?s work. 38. On two other occasions when the Plaintiff Visited the Defendant at his North Vancouver residence the Defendant asked the Plaintiff to accompany him to the bathroom, saying that he had no other time to discuss important spiritual matters with the Plaintiff. The Defendant then exposed his genitals and buttocks, defecated, and then cleaned himself in front of the Plaintiff. The Plaintiff was profoundly uncomfortable on both occasions. Plaintiff leaves VRRP Spiritual Group: 39. In early 2010, the Defendant informed the Plaintiff that he had received a telepathic message from the spirit world conveying that the Plaintiff must tell Rhea that the Plaintiff was gay. The Plaintiff was hesitant but the Defendant was adamant. The Defendant took the Plaintiff and his wife to a private location and instructed the Plaintiff to inform her in front of him, which he did. Shortly after that, in March 2010 the Plaintiff and his wife separated. ll 40. In or around July 2010. after the Plaintiff had been separated from Rhea for a few months, the Plaintiff and Rhea were summoned to the North Vancouver home of the Defendant by Mr. Anosh Irani, who assisted the Defendant in running the spiritual group and at the time lived in the Defendant?s home. The Defendant was on the phone from India when they arrived. The Defendant told the Plaintiff and Rhea that he had received a message from the spirit world condemning the Plaintiff?s decision to live openly as a gay man. The Defendant claimed that ?Vispi?l the entity in the spirit world with whom the Defendant purported to communicate, prophesized that the Plaintiff?s health would deteriorate if he separated from his wife, all doors would forever close on the Plaintiff, and that the Plaintiff?s ?choice to be gay? would destroy his son?s spiritual mission on earth and that his soul would be negatively impacted. The Defendant said that this would all be the result of negative karma the Plaintiff would receive by ?choosing? to be gay, which the Defendant said was against God. 41.. The Plaintiff was deeply disturbed by what the Defendant said. For years he lived with the fear that. he might be struck with some severe or fatal illness. 42. During the Plaintiff?s separation and divorce proceedings the Defendant would telephone the Plaintiff in the middle of night, shouting at him and calling him names. In text messages the Defendant sent to the Plaintiff on September 22, 2010 the Defendant called the Plaintiff a ?sel?sh traitor? and claimed that as a result of his choice he would incur signi?cant karmic debt and be expelled from the spiritual group. 43. The Plaintiff?s responsibilities with the spiritual group were taken away after September 2010 by the Defendant and Mr. Anosh Irani and in December 2010 the Plaintiff left the group. 44. Through the Defendant?s position as leader of the spiritual group, the Defendant maintained considerable in?uence over the Plaintiffs wife during the separation and divorce proceedings. 45. The Defendant?s in?uence over Rhea caused her to adopt a very adversarial position in the divorce proceeding, resulting in the process of their separation and divorce being more 12 costly and stressful that it would otherwise have been. The Defendant?s behaviour included. in?uencing the Plaintiff Wife to contest the Plaintiff?s claims for equal parenting, guardianship and decision making and advising her to resist taking full~time employment during two years of divorce proceedings, increasing the Plaintiff 3 support payments and lump sum pay? out as well as increasing the legal costs and complexity of the divorce proceedings. 46. The Plaintiff last spoke to the Defendant in November 2010. The Plaintiff telephoned the Defendant to see if he had any remorse for what he had done to the Plaintiff and others who came to the Defendant as dance and spiritual students. The Defendant mocked the Plaintiff?s decision to come out as a gay man and said that to do so was against God?s plan. The Defendant told the Plaintiff he should stay married to Rhea and instead do What the Defendant did sexually without her knowledge and that would be the ?right? way. 47. As a result of the Defendant?s sexual exploitation and/or sexual assaults the Plaintiff has suffered injury and damage and, Without limiting the generality of the foregoing: he was not able to undergo healthy and normal emotional and sexual development; he has dif?culty with people in positions of authority; (0) he is distrustful and apprehensive of religious leaders; his marital relationship was undermined; his relationship with his parents was undermined; he has suffered from a continuing sense of guilt, and humiliation and embarrassment; he has suffered from an. inability to express emotions; he has suffered from anxiety, including about Whether he has or will have health issues; and 13 he has suffered. from feelings of lack of self~worth and low self?esteem and fear of public humiliation. 48. The Plaintiff has and will continue to incur expenses in obtaining proper and counselling and treatment. 49. As a result of the injuries referred to in paragraph 47 the Plaintiff has: foregone career offers for a management position; suffered a loss of employment income; and suffered loss of enjoyment of life. 50. The Plaintiff?s now ex?wife and her family remain in the spiritual group and within the Defendant?s orbit and control, subject to the spiritual guidance the Defendant purports to receive from persons in the afterlife. The Defendant disparages the Plaintiff to members of his former community, many of whom are in contact with his ex-wife and son. 51. In 2010, the Plaintiff disclosed to his ex?wife the abuse he suffered as a minor at the hands of the Defendant, but has a concern that the Defendant has persuaded his ex~wife that the Defendant is innocent of the accusations. 52. The Plaintiff wishes to protect his son from the potential ongoing danger of sexual abuse by the Defendant and from the Defendant?s continuing in?uence over the Plaintiff?s exwwife and her family, which influence could be used to attempt to turn the Plaintiff?s son against him. PART 2: RELIEF SOUGHT 1. The Plaintiff seeks: general damages; aggravated damages; 14 punitive damages; special damages; loss of past earnings; recovery of past and future costs of health care services attributable to the sexual exploitation and/or sexual assaults; costs; and interest pursuant to the Court" Order Interest Act, RSBC 1996 c. 79 2. The Plaintiff further seeks an order prohibiting the Defendant from having any contact with the Plaintiff 8 minor son Z. S. PART 3: LEGAL BASIS l. The Defendant was the Plaintiffs teacher, employer and spiritual advisor and was trusted by the Plaintiff. 2. As such, the Defendant had a position of power and. authority over the Plaintiff and had control over all aspects of the Plaintist life including personal, professional, financial and spiritual. 3. The Sexual Acts and Further Sexual Demands by the Defendant on the Plaintiff were sexual assaults perpetrated by Defendant?s manipulation and abuse of power and authority, without the Plaintiff? consent. 4. Alternatively, the Plaintiff?s consent to the Sexual Acts and Further Sexual Demands was not meaningful and was elicited by the exploitation of power and trust arising from the Defendant?s position and authority as the Plaintiff?s teacher, employer and spiritual teacher and advisor, which authority the Defendant used to get the Plaintiff to submit to his sexual demands. 15 5. The facters giving rise to aggravated damages are: the Defendant used his position as teacher and spiritual adviser te manipulate the Plaintiff into submitting to the Sexual Acts and Further Sexual Demands; the Defendant abused his authority as a spiritual adviser for the purpose of furthering his own sexual desires; the Defendant discouraged the Plaintiff to come out as a gay man for the purpose of cencealing his own sexual activities; and the Defendant has disparaged the Plaintiff to his family and to the community for the purpose of covering up his own sexual misconduct. 6. The Plaintiff claims fer the recovery of the past and future cost of health care services attributable to the sexual assaults, pursuant to the Health Care Casts Recovery Act, SBC 2008, 27. 7. The Plaintiff seeks costs pursuant to Rule 14.1 of the Supreme Court Rules. ADDRESS FOR SERVICE: Address for service: Cooper Litigation 540 220 Cambie Street Vancouver, BC V6B 2M9 Attention: Robert W. Conner Email address for service: receper@cooperlitigation.ca DATED: May 6, 2015 - Robdrt W. Cod-pin Counsel for the Plaintiff 16 Rule 7?1 (1) of the Supreme Court Civil Rules states: 1. Unless all parties of record consent or the coast otherwise orders, each party of record to an action must, within 35 days after the end of the pleading period, prepare a list of documents in Form 22 that lists all documents that are or have been in the party?s possession or control and that could, if available, he used by any party at trial to prove or disprove a material fact, and (ii) all other documents to which the party intends to refer at trial, and serve the list on all parties of record. 17 ENEORSEMENT 0N ORIGINATING PLEABING 0R PETITION FOR SERVICE OUTSIDE BRITISH COLUMBIA The Plaintiff, Percy Shroff, claims the right to serve this pleading on the Defendant, Shiamak Dewar, outside British Columbia on the grounds that it concerns a tort committed in British Columbia. 18 APPENDIX PART 1: CONCISE SUMMARY OF NATURE OF CLAIM: I. Damages arising from sexual assaults PART 2: THES CLAIM AMSES FROM THE FOLLOWING: A personal injury arising out of: a motor vehicle accident medical malpractice- another cause A dispute concerning: contaminated sites construction defects real property (real estate) personal property the provision of goods or services or other general commercial. matters investment losses the lending of money an employment relationship a will or other issues concerning the probate of an estate a matter not listed here PART 3: THIS CLAIM INVOLVES: a class action maritime law aboriginal law 19 PART 4: constitutional law con?ict of laws none of the above do not know ENACTMENTS 20