1. Mr. Horton is employed by Folari Tours Inc. as a manager to a team of six tour guards. At the end of a successful event on Friday 15th of February, Mr. Horton proposed that himself and the team head for the bar to celebrate the success of the organised event.

The celebration which started at about 4:30 P.M. lasted into the night. At about 11:30 P.M., Mrs. Beltwide who was well over her alcohol tolerance limits and the maximum legal BAC for Ontario drivers decided to head for home riding her motorbike. A colleague Ms. Chi offered to drive her home in her car. However, Mrs. Beltwide insisted on riding her motorbike home.

Due to her impaired state, Mrs. Beltwide lost control of her motorised vehicle knocking down Ms. Lucas - a passer-by - who was walking on the pavement and also crashed her motorbike into the nearby convenience store belonging to Mr. Patel. The crash into the store resulted in neither the injuries of persons nor fatality on the premises but damaged the property and displayed goods on the shop floor.

The Police was called to the scene. Following strict legal procedure, blood sample taken from Mrs. Beltwide, found her significantly over the legal alcohol limit required for her to be in control of a motorised vehicle. She had severe but not life-threatening leg injury while the passer-by suffered significant spinal injury. The ambulance was called in due to the catastrophic injuries sustained by the passer by and Mrs. Beltwide.

Ms. Lucas, the injured passer-by was a homeless mentally ill lady who had issues with drug addiction, her finances and known to have attempted suicide on two different occasions in the past 3 years.

1. Discuss the possible legal actions that Mrs. Beltwide could face resulting from this accident?

2. Using the appropriate negligence defence doctrine, explain how Ms Lucas could be considered culpable in this instance