Jan began a business called “Sunny Daze for Seniors Ltd.”, it “takes seniors on various trips and adventures in and around Edmonton.” She offers biking and canoeing, for both of which she had to rent the equipment. Jan entered two separate contracts, one for five bike from Wes Wheely, and the second for “5 ultra lite, fiberglass, tip resistant” canoes from Boat Stuff Inc., with the stipulation for both to be delivered May first.
Jan vs. Wes
Jan’s first issue came May first when the bikes were supposed to be delivered. The next day Jan went to Wes’ shop to find out why the bikes never arrived, only to find out that he was drunk the day she came in to make the order, and, as a result does not remember the order, but Jan has the order slip in hand. Jan claims she will sue Wes, but he says that it does not matter because its “going under anyways”.
Jan vs. Vern
The second issue Jan faces comes when she takes her first group of seniors out canoeing “down the Saskatchewan River, from Devon to Edmonton’s downtown.” All of the people registered had paid prior, and upon arriving Jan went over all of the safety procedures with them, also having them sign a waiver that removed any and all blame for bodily harm from Jan and her business.
All of the canoers sign the waiver, and then proceeded to be equipped with helmets and flotation devices, then get in the canoes to go down the river. Vern, who was one of the canoers, and was a veteran canoer, was fitted for the helmets, but