eee Taneouaeh cae s I! 8 1 2 7 Nov 2 8 2018 29 ma No. Vancouver Registry IN THE SUPREME COURT OF BRITISH COLUMBIA, BETWEEN: ‘TELUS COMMUNICATIONS INC. PLAINTIFF AND: BARINDER SINGH SIDHU and KARAN SINGH MULTANI 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 (a) file 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 (6) serve a copy of the filed 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 (b) serve a copy of the filed 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 file 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 Plaintift, WIS 1827675 RISE 2 81812729 254733,00038926011573@ if you were served with the notice of civil claim anywhere in Canada, within 21 days after that service, (b) _ if you were served with the notice of civil claim anywhere in the United States of America, within 35 days after that service, (© if you were served with the notice of civil claim anywhere else, within 49 days after that service, 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 The Parties 1 p Fa 2 9. Q 10. ‘The Plaintiff, TELUS Communications Inc. ("TELUS"), is a company formed under the laws of British Columbia with an address for service in this matter of 2900 - 550 Burrard Street, Vancouver, British Columbia, V6C 0A3. ‘TELUS provides subscribers with a full range of telecommunications products including telephone, data, internet and wireless services, TELUS provides wireless services nationally under the brand names TELUS, Koodo Mobile and Public Mobile. TELUS also offers a variety of telecommunications hardware, including cellular smartphone devices, for sale to personal and business consumers. ‘The Defendant, Barinder Singh Sidhu, (“Sidhu”) is an individuel who resides at 17911 58" Avenue, Surrey, British Columbia. ‘Sidhu was formerly employed by Olympia Transportation Ltd. (“Olympia”). Olympia is a past and current client of TELUS, Olympia’s business website is http/olympiaent.com/. Olympia’s email format is @olympiaent.com. Sidhu’s current employment is unknown to TELUS. Sidhu is sometimes referred to by a nickname as “Mintu”, ‘The Defendant, Karan Singh Multani (“Multani"), is an individual who resides at 13903 78 A Avenue, Surrey, British Columbia. Multani’s occupation is unknown to TELUS. julent Purchase of Apple iPhones from TELUS On or about January 16, 2018, shortly after 11:00 a.m., Sidhu and Multani met with Katie Bott and Saif Rehman, representatives of TELUS (together the “TELUS .254733,002359926011573ML. 12. 13, 14, 15. 16. A 18, 19. 20. 21. 22. 23. 24. Representatives”) at a warehouse located at 201 - 8381 128 Street, Surrey, BC (the “Warehouse”. ‘The meeting took place in an office on the second level of the Warehouse. ‘Sidhu and Multani represented to the TELUS Representatives that the Warehouse was a new business address of Olympia. Upon attending at the Warehouse, the TELUS Representatives were directed to “Baljinder’s office” by a receptionist, whose identity is not known to TELUS. In the meeting, Sidhu impersonated Baljinder Sandhu, a director of Olympia, by introducing himself as and purporting to be Baljinder Sandhu. In the meeting, Multani impersonated Amar Gill, Olympia’s Operations Manager, by introducing himself as and purporting to be Amar Gill. ‘The TELUS Representatives reasonably relied on Sidhu and Multani’s representations as to their identitics, and understood that they were meeting with representatives of Olympia. Sidhu and Multani further represented to the TELUS Representatives that they were authorized to act on Olympia’s behalf and were seeking to place @ large order for smartphones for use in Olympia’s business. ‘The TELUS Representatives reasonably relied on Sidhu and Multani’s representations as, to their authority to order smartphones on behalf of Olympia. Shortly after the meeting, Sidhu and Multani contacted the TELUS representatives and placed an order for 450 Apple iPhone 8s and SIM cards (the “Initial Order”) and represented that the Initial Order was made on Olympia’s behalf. The TELUS Representatives reasonably relied on Sidhu and Multani’s representations that the Initial Order was made on behalf of Olympia, ‘Olympia was a long-standing and well-established client of TELUS. As a result of the existing relationship between TELUS and Olympia, TELUS did not require a down-payment or other security for the purchase price of the Initial Order from Olympia. On or about April 23, 2018, the iPhone 8s were delivered on behalf of TELUS to the Warehouse at the address specified by Sidhu and Multani, being 201 - 8381 128 Street, Surrey, BC. On or about May 18, 2018, Sidhu contacted TELUS by telephone to advise the wrong devices had been delivered, and stated they wished to obtain 450 Apple iPhone 10s. 254733.0025892601157.3