Facts:

Rashan runs a pool hall in downtown Toronto. The establishment is popular among the many university students in the neighbourhood, especially because it is licensed to serve alcohol. Since legalization, many young adults also smoke cannabis in the alley behind the poolhall, and then come inside for a drink and to play some games.

Given the crowds that Rashan faces at his pool hall, he usually hires 2-3 security guards, especially on evenings and weekends when he is busiest. These security guards typically do crowd control, and in the rare instance of an altercation, will kick the guests out.

In May 2022, there is a freak storm in downtown Toronto that results in large hail stones falling on his store. These hail stones hit some of his customers that are standing outside and around the doorway, where there is a hole in the awning. The injuries also result in this group fighting with each other, claiming the other threw a snow/ice ball at the other.

Jessica is one of the users who is injured in this altercation and wants to sue Rashan's pool hall. Six months later she meets a lawyer for the first time to see if she has a viable lawsuit. Questions:

A) Is Jessica likely to be successful in suing Rashan for occupier's liability? Why or why not (3 marks)

B) Explain how the statutory provisions here may inform or complicate Jessica's lawsuit. (2 marks)