CASE PROBLEM - (worth 15%)

Pascal James is an avid Toronto sports fan and is invited by his best friend to a Toronto Raptors basketball game. Pascal is very excited because he has front row, floor seats and will be able to enjoy for the first time such great views of the game. Given that the Toronto Maple Leafs hockey team is not playing due to the National Hockey League (NHL) strike, he is even more keen than ever to see a sporting event at the Air Canada Centre (owned and operated by Maple Leaf Sports and Entertainment or MLSE). Pascal and his best friend attend the game but unfortunately, the evening goes very badly. During the third quarter, a 7 foot tall player diving to save the ball from going out of bounds crashes into Pascal causing beer and nachos to ruin his very expensive suit, shirt and tie. Also, the crash re-injured his already bad shoulder and arm that he originally injured playing tennis. Despite this, he recovers and settles in to enjoy the fourth quarter of the game. Half-way through the fourth quarter, one of the giant lighting structures directly above him attached to the roof of the stadium snaps from its cable and lands directly on Pascal. The accident results in serious bodily harm to Pascal including full paralysis and third-degree burns to most of his body. He has been told by his doctors that he will be in a wheelchair for the rest of his life. Pascal hires a personal injury lawyer to advise of his legal rights under the circumstances. Pascal learns from the press that a few months before the game he attended, the electrical contractor responsible for the maintenance/safety of the lights on a weekly basis was told by senior management of MLSE that their services were no longer needed because of the NHL strike and less use of the Air Canada Centre. The contractor claims they cancelled his contract in order to save money during the NHL strike.

Discuss and advise Pascal.