Case 1

The 32-year-old plaintiff, David McQueen, went to Sikome Lake Provincial Park with his three children and some friends in June 1994. Sikome Lake, near Calgary, is one of two artificial swimming lakes in Alberta. Carrying his two- and three-year-old sons, McQueen waded into the lake a distance of 3 to 5 m toward a skimmer platform (a water-intake mechanism to recycle and clean the water). On reaching the platform, he put each child on the edge of the platform and stepped up to the top. He then dove in headfirst, breaking his neck, which rendered him a paraplegic.

The plaintiff sued the province and the city of Calgary for damages for his injuries. Evidence at trial indicated that McQueen and his children had been at Sikome Lake on previous occasions. Several lifeguards were on duty at the time of the accident, and "No Diving" signs were posted.

McQueen testified that he did not know how deep the water was, and he thought it was safe to dive when he looked down and couldn't see the bottom of the lake. He also admitted that he had consumed about 750 mL of rum the night before, He had finally gone to bed at 4:30 A.M., andgot up at 7:00 A.M. with his sons. McQueen's blood-alcohol level was 148 when he was treated in hospital for his accident.

McQueen claimed the province and the city were negligent and he sued for damages for his injuries.

Questions:

1. What duty of care did the defendants owe McQueen, and was there a breach of it? Explain.

2. What was the cause of this accident? Was it reasonably foreseeable?

Case 2

In 1956, Glenn Gould was a young, up-and-coming concert pianist. That summer, while on vacation in the Bahamas, Gould invited a photojournalist named Jock Carroll to take pictures and conduct a series of informal interviews. While snapping some 400 pictures, Carroll also recorded a number of Gould's remarks both on paper and audio tape. The point of the interlude was to capture the spontaneity of Gould while he was on vacation. Nearly 40 years later, 13 years after Gould's death, Carroll published a book Glenn Gould: Some Portraits of the Artist as a Young Man. Gould's estate sued, claiming breach of copyright.

Questions:

1. Do you think Gould's estate would succeed? Provide reasons.