A. Arshdeep has just started up a kick boxing gym in Barrie. He is passionate about the sport and wants to share his knowledge and skills with young athletes. To save money, Arshdeep finds a waiver on the internet and customizes it. He has customers sign the waiver before being able to use the facilities. Unfortunately, the clauses of the waiver are not applicable in Ontario because it was intended to be used in the State of Ohio, USA. One day, Sasha attends at the gym to take lessons and gets seriously injured during his session. Sasha sues Arshdeep and the gym two months later. Which of the following statements is true?

1. Arshdeep may be able to rely on the defence of voluntary assumption of risk to avoid or minimize liability arising from Sasha's injuries.
2. Arshdeep can rely on the Statute of Limitations to avoid liability arising from Sasha's injuries.
3. Arshdeep can rely on the waiver to avoid liability arising from Sasha's injuries.
4. Arshdeep may be able to rely on the defence of act of God to avoid liability arising from Sasha's injuries.

B Most business disputes in Ontario are dealt with in criminal court.

1. True
2. False

C. Which of the following statements is true with respect to the process of civil litigation?

1. In a civil action, a plaintiff brings a claim against another individual or business for compensation.
2. In a civil action, the government brings a charge against the accused.
3. In a civil action, the applicant brings a Charter challenge against the government.
4. In a civil action, a defendant brings a claim against another individual or business for compensation.

D. If Rochene loses a negligence case at trial in the Ontario Superior Court of Justice, she may file an appeal to which of the following courts?

1. the Supreme Court of Canada
2. the Ontario Court of Appeal
3. the Federal Court of Appeal
4. Small Claims Court

E. Which of the following constitutes thetort ofassault?

1. The person in the vehicle next to you makes an offensive threatening gesture to you indicating he is going to run you off the road.
2. A bystander is struck by a ball during a soccer game.
3. You accidentally bump into someone with your grocery cart.
4. Someone slaps another person across the face in a fit of anger.