Assignment Description

Working with the case-scenario provided below, students will commence a civil proceeding in the Small Claims Court. Students will draft a Plaintiff's Claim by applying the relevant court rules and using the drafting skills required in the course of civil litigation.

Case Scenario

Mary Contrary is an elementary school teacher with 12 years of experience. She is 34 years old. She earns $75,000.00 per annum paid bi-weekly in the amount of $2,885.00. She has a benefit plan that provides for salary coverage for time off work due to illness or accident. The benefit provides for replacement of salary in the amount of 80% of her bi-weekly pay for up to 24 months.

On February 24, 2019 Mary goes to the Big Tree Shopping Mall located in Oakville, Ontario. After looking at clothing items in several of the small shops she decides to go the the large Easton Bay Limited (EBL) department store. She is looking for the shoe department. When she spots the sign for that department, she turns into the nearest aisle intending to go over where high class bargain sale shoes are available. She notices that two employees are pushing a heavily laden cart down the aisle. The two employees, who are later identified as Bill Blixton and John Roberts, continue to push / pull the cart. Bill, who is on the front end pulling the cart, has his back to Mary. John, who is pushing the cart, is facing the direction from which Mary is coming. Bill and John are talking and laughing and do not see Mary coming down the aisle. That aisle has a carpet floor covering. As the cart moves along it creates a moving fold in the carpet. Bill and John do not stop to let Mary go by. Mary does not see this fold in the rug as she tries to squeeze by the moving cart. Suddenly, her foot strikes the moving fold in the carpet. Mary loses her balance and begins to fall. Her head his the handle of the cart. She reacts by pushing away but that causes her shoulder to hit the end aisle display shelving causing a gash in her shoulder. As she falls, she puts out her arm. When she strikes the floor, she breaks her arm. In agony, her leg reacts causing her foot to go under the cart. Her foot is injured when the wheel, at John's end of the cart, strikes her foot. At that moment Bill and John stop the cart to dislodge Mary's foot. Mary is in severe pain from the injury to her shoulder, arm and foot. Store security and first aid are called, they call an ambulance and Mary is taken to the hospital.

At the hospital Mary is treated for her fractured arm. Her arm is put in a cast and she has to have it supported by a sling. She has a large bruise on the right side of her forehead. The gash in her back and shoulder area is described as a puncture wound with a serious scrape 10 cm long going to the top of her shoulder. Her foot is described as seriously bruised but no broken bones.Her ankle is swollen, and is described as being a serious strain. She is provided with crutches and required to have an elastic bandage to bind her ankle in place.

Bill Blixton is a full-time warehouse employee who is 39 years old and has worked at EBL for 20 years. John Roberts is a 17 year old part-time employee who is in grade 11 in Metropolitan High School. He lives at home with his Mother Ann and Father George.

Mary comes to your office on September 15, 2019 to seek advice about suing for her injury. Your interview with Mary discloses the above history.

Mary also tells you that she was off work for 7 weeks. Because of her broken arm she could not participate in her favourite sport, tennis, for 6 months. Also, she is a part-time piano teacher. She lost income from individual lessons for five students for four weeks. The individual lessons were $50.00 each. Her ankle was healed in 6 weeks but still has a weakness and intermittent pain. When she returned to playing tennis, she could not run hard or put any serious strain on her ankle. She is not able to enjoy her tennis games as much as before her injury.

Her out of pocket expenses incurred were $40.00 for the ambulance, $30.00 for the crutches and $85.00 for pharmacy bills for pain medications, bandages and other incidentals.

You have done some preliminary research using the personal injury quantum data base and found that the case law shows a range of general damages as being from $10,000.00 to $14,000.00 for injuries of this nature