1.Roper v. Gosling,2002 ABCA 71 (CanLII)

Roper and Jensen had consumed beer and smoked marijuana before going with Gosling for the evening to a bar, where they all consumed a considerable amount of alcohol. They were drunk when they left and got into Roper's car so that he could drive them home. A single-car accident caused by his impairment occurred in which Roper rolled the car and Gosling was seriously injured. She sued Roper for negligence.

Indicate what arguments can be raised in his defence and what factors the courts will take into consideration in determining liability. Would it make any difference to your answer if the Court determined as a finding of fact that although a reasonable person would have been aware that Roper's ability to drive was impaired, Gosling wasn't in fact aware of this when she got into the vehicle with him? What if she didn't have any other way home? If she did know, should her conduct be a complete bar to recovery?

2.Dixon v. Deacon Morgan McEwan Easson,1989 CanLII 2786 (BC SC)

[Note: Your instructor may assign this case as a Shared Writing activity.]

Dixon was an investor who chose to invest $1.2 million in National Business Systems when the share price was $12.89 per share. These shares went up in price somewhat but, before he could sell, the securities commission suspended trading. When trading resumed, the shares sold at about $3 each. Dixon had invested on the strength of financial statements, including one marked "Consolidated Statements of Income and Retained Earnings (Audited)," which had been audited by the defendants. In fact, these statements were based on fraudulent information supplied by the management of National Business Systems to indicate annual profits of $14 million when the company had in fact lost $33 million. There is no question that the accounting firms involved in the audit were negligent for not detecting the inaccuracy. Dixon sued the accounting firm for negligence. Nothing on the document indicated who the auditors were, and the statements had been prepared without the auditors' knowing that they would be used by an investor such as Dixon.

Did the auditors owe a duty to Dixon to be careful? If the auditors had known that the statements were being prepared to attract investors, would this affect your answer? Is this a just way of treating liability for professionals, or should they only be liable to the clients they have contracted with?

3.Arsenovski v. Bodin,2016 BCSC 359 (CanLII)

While crossing the street together, Mr. Arsenovski was struck by a vehicle, knocking him and his wife to the street. The Arsenovskis, having recently immigrated to Canada, were unable to communicate in English. Mrs. Arsenovski filed a report of the injury to ICBC. She then experienced the wrath of ICBC and its special investigator, Mr. Gould.

Gould submitted a report to Crown counsel recommending that Mrs. Arsenovski be charged with fraud under theCriminal Code, and that both Arsenovskis be charged with making a false statement contrary to section 42 of theInsurance (Motor Vehicle) Actof B.C.; Mrs. Arsenovski was so charged. Gould did not have objectively reasonable grounds for believing that Mrs. Arsenovski had committed an offence but was motivated to dissuade civil claims against ICBC. The criminal charge against Mrs. Arsenovski was only stayed on the day of the criminal trial, but by then, Mrs. Arsenovski suffered serious distress.

What claims can Mrs. Arsenovski bring against Gould and ICBC? Are punitive damages likely? What other damages can be pursued in these circumstances?

4.Schoff v. Royal Insurance Company of Canada,2004 ABCA 180 (CanLII)

Charles Goyan, an underage driver, was driving his 1966 Malibu when he caused an accident injuring the driver and passenger in another car (the Schoffs). They successfully sued him, obtaining a judgment totalling almost $500000. They then sought to collect this amount from the insurance company that had insured the Malibu. The insurance company refused to pay, claiming that it was not bound by the policy contract because of misrepresentations made when the policy was made. Goyan had transferred ownership of the vehicle to his mother at the time the policy was taken out, and on the application she claimed that she was the only licensed driver in her household and she would be the only person driving the Malibu. She also claimed that there had been no accidents in relation to any vehicle she owned in the past six years and that she owned three vehicles at the time of the policy. In fact, of her four sons living with her, three had valid driver's licences and the fourth had his suspended. Also, the three with licences were under the age of 25. She owned five vehicles, not the three claimed, and her accident record had also been incorrectly stated. Obviously, her son Charles was driving the Malibu.

Do you think that the insurance company should be required to pay the Schoffs? Would it affect your answer to know that the insurance company had learned that the statement she gave about having no accidents in the last six years was incorrect before it issued the policy, and it was issued anyway?

5.Mueller v. Wawanesa Insurance Co.[1995] O.J. No. 3807 (Ont. Ct. [Gen. Div.])

The fire insurance policy in question was taken out by the landlord when the house was rented as a residential family dwelling. The "family" never moved ininstead, the building was occupied by three members of a motorcycle gang. Despite notice from the police that the property was being used as a clubhouse, the landlord did not terminate the lease. The property was eventually destroyed by fire, and the police suspected arson at the hands of a rival gang. The insured filed a claim under the policy but the insurer refused to honour the policy. What arguments can each party assert to further their respective claims? Do you think the insurer will be required to pay?