1. Heather is a busy doctor on duty in the Accident and Emergency (A and E) Department. Arthur is a patient waiting for treatment in the A and E and he is angry at being kept waiting. He shouts to Heather who is standing nearby to him reading medical notes, "If I was not feeling so ill, I would get up and thump you'. You doctors are all the same, time wasters." Heather is concerned that Arthur may hit her as she has read stories of this happening before, but she cannot leave the department as she is the only doctor on duty. Arthur also waives his walking stick at her and places on her chest, saying, 'Come any closer and I will hit you with this'. John is the surgeon on duty in the Hospital and, Clare is a patient ,unfortunately having serious problems with the delivery of her baby. There are complications with her labour and she is rushed into the operating theatre so that her baby can be delivered by caesarean section. She is confused and crying. John explains the operation and she agrees to the surgery. Whilst operating John notices a lump. The lump in a difficult position and cutting it out will result in Clare being unable to have any more children. John cuts the lump out as he feels that Clare would want this. She is already a mother of two children and is about to have a third. It would be difficult and painful for Clare to have another operation to remove the lump so he removes it. Clare is sterilised. John successfully delivers Clares baby and they are both taken to the maternity unit. The next day John explains what he has done to Clare. Clare is very upset as it was her dearest wish to have more children. The lump taken out of Clare was subsequently found not to be cancerous. Discuss the legal position of all these parties in the law of tort.. This case is happen in Canada