1. Brendawas driving home from work on a snowy day on January 19, 2020. The roads were slippery, and Brenda stopped at a red traffic light.Unfortunately, Karen, the driver behind Brenda, did not account for the slippery road. Karen tried to break for the red light and Brenda's car, but lost control and rear-ended Brenda's car quite forcefully. Brenda was taken to hospital immediately. She suffered a broken wrist, a concussion (head injury), and there was substantial damage done to the car. Brenda also missed about two months of wages for time taken off work. Brenda knew she was physically injured and that her car was damaged on the day of the accident.

Right after the accident, Brenda contacted a few lawyers about starting a court case against Karen. The lawyers told Brenda that she could sue Karen for negligence, and that she could probably get about $75,000 in damages. However, after that, Brenda got busy with her career and family life, and forgot about the accident.

On January 26, 2022- today-, Brenda woke up with a headache - which made her remember about the car accident with Karen.Brenda did not have time to get a lawyer, but she remembered that lots of people sue in BC Provincial Court without a lawyer. Brenda rushed to BC Provincial (Small Claims) Court to fill out a Notice of Claim. Brenda filed the Notice of Claim with the court and delivered the document to Karen. In the Notice of Claim, Brenda was claiming $75,000 in damages from Karen. Karen had car insurance, so his insurance company (ICBC) will pay for a lawyer and defend the case.

Assume Brenda's damages are $75,000. Will she be able to get this money in BC Provincial Court assuming she started her court case today? In your answer, discuss two reasons why Brenda will not be successful. In answering this question, you do not need to discuss whose fault the car accident was- we know it was Karen's fault. (15 marks).