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1) write me the RULES and APPLICATION section of the legal factum. 2) these are the facts: Paragraph 1: Dina , the Applicant, has sworn

1) write me the RULES and APPLICATION section of the legal factum.

2) these are the facts:

  • Paragraph 1: Dina , the Applicant, has sworn an Affidavit in support of her motion to relocate her child, Mira Roodtail, to Toronto.
  • Paragraph 3: Mira is a 12-year-old child described as bright and capable.
  • Paragraphs 6-36: Dina has provided detailed reasons for the relocation, including dissatisfaction with Ottawa, lack of support structure, and better opportunities for Mira in Toronto.
  • Paragraphs 18, 25-27: Concerns raised about the Respondent's involvement in Mira's life, particularly regarding extracurricular activities and school engagement.
  • Paragraph 28: Acknowledgment of the strong bond between Mira and her father, despite the Respondent's perceived lack of involvement in certain aspects of Mira's life.
  • Paragraph 29: Mira's mixed feelings about the relocation, leaning towards opposition due to the impact on her relationship with her father.
  • Paragraph 34: Dina's personal reasons for the relocation, including her dissatisfaction with Ottawa and the desire for a better social life.
  • Paragraphs 35-36: Emphasis on the support structure and opportunities available in Toronto for Mira.

3) assume that all relevant notice requirements and objections to the notice requirement have been met these are addressed in the Affidavit only to address confusion and you can assume that the statements made by the author are correct. However, you will need to discern how much weight to provide to these statements.

4) the rubric is as followed: Did the student correctly identify the section of the legislation that addresses the burden of proof? and Did the student correctly identify the section of the legislation that deals with relocation and the specific section of the legislation that deals with the general factors regarding parenting or contact orders? Did the student identify 3 cases that were relevant to the case at hand?

5) The legislations are the Children Law Reform Act and the Divorce Act, please also research other legislatives.

6) This is an example factum on how I want the legislatives to be approached( DO NOT USE ANY OF THE INFO IN THIS FACTUM THIS IS JUST AN EXAMPLE): RULES

RULES 11. In order for a defendant to be liable for a Plaintiff's damages in a negligence claim, the Plaintiff will need to demonstrate all four elements of the negligence test. The leading case is the Crocker case. Ref: Crocker v. Sundance Northwest Resorts Ltd, [1988] S.C.J. No. 60 at para 16, [1988] 1 S.C.R. 1186 Wilson J [Crocker]. https://canlii.ca/t/1ftcw 12. The Plaintiff must demonstrate that the Defendant owes a duty of care not to cause the Plaintiff harm. The duty of care can include a duty to take positive steps not to cause someone harm. A duty of care is often framed as being when one is in a role of power or responsibility in relation to the Plaintiff. Ref: Crocker v. Sundance Northwest Resorts Ltd, [1988] S.C.J. No. 60 at para 17, [1988] 1 S.C.R. 1186 Wilson J [Crocker]. https://canlii.ca/t/1ftcw 13. The Plaintiff must demonstrate that the Defendant's action fell below the standard of care. This is context specific and depends on the specifics of the case. You must look at the actions of the Defendant and consider them in context of the duty of care. The analysis is to ask what a reasonable person would do in the circumstances.Ref: Crocker v. Sundance Northwest Resorts Ltd, [1988] S.C.J. No. 60 at para 17, [1988] 1 S.C.R. 1186 Wilson J [Crocker]. https://canlii.ca/t/1ftcw 14. The Plaintiff must demonstrate that Defendant's actions caused the Plaintiff's damages. The actions that the Defendant took must have been the cause of the damages suffered by the Defendant. Ref: Crocker v. Sundance Northwest Resorts Ltd, [1988] S.C.J. No. 60 at para 30, [1988] 1 S.C.R. 1186 Wilson J [Crocker]

APPLICATION:

APPLICATION 15. The Plaintiff meets the threshold of the negligence test as outlined in the Crocker case. The Defendant should be liable to the Plaintiff for the damages the Plaintiff sustained as result of his negligence. 16. Professor Daniel clearly had a duty of care to his students. Professor Daniel is in a rule of extreme importance. Professor Daniel has an obligation and responsibility to his students as a result of his role as their instructor. 17. Professor Daniel had the utmost power over his students - he grades them and assigns them work. Professor Daniel has been a professor for a number of years. Professor Daniel ought to be aware of this duty of care. 18. The law of negligence is clear. Duties of care can require an individual to take positive steps to address harm. Professor Daniel has a positive obligation to ensure that his students are not caused harm by his actions. Professor Daniel ought to have been aware when he booked this trip the negative impact it would have on his students. 19. Professor Daniel has fallen below the standard of care. Professor Daniel is expected to teach his course on a weekly basis. Professor Daniel is expected to grade his students.Professor Daniel is expected to assign his students work. Professor Daniel will be unable to doany of this as a result of his vacation. 20. Professor Daniel's behavior is even more shockingly below the standard of care when analyzing his reason for taking the trip. The trip is purely for pleasure and leisure. Professor Daniel was unable to fly during COVID-19 and found a good deal. None of this is the expectation of how a professor should behave. 21. A professor needs to be present to grade work, provide lectures and guide their students. Professor Daniel will be able to do none of this while he is sitting on a beach having a margarita. 22. Professor Daniel actions will absolutely cause the damages in question. It is clear from Crocker that the actions in question must cause the damages in question. Here, Lori is going to have questions about her factum. This is not disputed. Professor Daniel will not be in a position to assist his students. The damages that Lori will sustain - a lower grade, an inability to obtain a job after Carleton, the emotional distress of the assignment - will absolutely be the caused by the actions of Professor Daniel

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