Kelsey Lewis is a business owner in downtown Red Deer. She is a therapist. She also works for Alberta Mental Health so her time is split between the private practice and Alberta Mental Health. There is a sign on her door saying
"By Appointment Only" and list the general hours she is in the office and her booking link and email address.
Claudia Wilde has been going through a lot of stress recently and after a quick lunch with a friend at Momo Sushi in downtown Red Deer, she sees Kelsey Lewis’s office. She walks up to the office and knocks on the front door as it is locked. Kelsey comes up and calmly explains that she is only open for appointments and if Claudia could send an email she would book her in for an introductory appointment.
Claudia is getting upset and barges into the office and refuses to leave saying she can’t deal with another rejection. After thirty minutes, Kelsey realizes that Claudia is not going to leave and she is going to be late for her appointments at Alberta Mental Health. Kelsey tells Claudia that she has to leave. Another fifteen minutes go by and Kelsey tells Claudia again that she has to leave. Claudia tells her
"I’m not going to leave until you give me a meeting!!!
". Kelsey calls the RCMP. Claudia tells her "Call the cops, I am not leaving!". Kelsey then grabs her and with force lifts her and carries her out of the office, shuts the door and locks the door.
During that time Claudia, who has had her shoulder dislocated twice, finds her shoulder dislocated again due to the lift. Now Claudia will need a surgery to fix her shoulder and will have to be off-work long-term.
The RCMP come and no charges are laid. Kelsey feels unsafe in this office now and breaks her lease to move to a smaller centre, Blackfalds, where there is less foot traffic. She loses some clients due to this and it impacts her schedule.
What tort could Kelsey sue for and why?