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FACTSCENARIO#1 It was a nasty snowy day, on January 26 of the current year. On that day, two employees ofAlberta Correctional Services, Ike Inkster and

FACTSCENARIO#1

It was a nasty snowy day, on January 26 of the current year. On that day, two employees ofAlberta Correctional Services, Ike Inkster and Melvin Melrose, were transporting an inmate,Zane Zuggins, from the Peace River Correctional Centre, to the City of Edmonton. PoorZane had been suffering from a severely ingrown toenail, and required special medicalattentionnotavailabletohiminPeaceRiver.

Zane was a model inmate. He was incarcerated for his role in a rather clever fraud scheme. Hehad notbeen violentduringthe periodofhisincarceration,buthewascertainlygetting anxioustobe"ontheoutside"again.

Zane was being transported in a standard Corrections van on the day in question. He was nothandcuffed or shackled, nor restrained in any way. Zane had been taken to a wide range ofappointments before this day, and had never caused any trouble. As a result, the warden hadgivenpermissionforZanetobetransportedinthismanner.

Thetransferpolicyofthegovernmentdepartmentresponsiblestated:

In the event that a prisoner is deemed "low risk", he/she may remain unrestrained during anytransferoflessthan1day.Thedecisiontotransportanyinmateunrestrainedisatthediscretionofthewardenofthehomeinstitutionofthatinmate.

The trip to Edmonton proceeded rather uneventfully, until about 30 km west of town. Traffic onHighway16,theYellowhead,cametoagrindinghaltatthatpoint. Therehadbeenagooddealofsnow,anda littlefreezing rainonthehighway,and it appearedtherewasprobably anaccident

up ahead.

As the Corrections van came to a halt, Zane saw his chance! Ike, the driver of the van, had gottenout to see what was happening up ahead, and Zane quickly punched Melvin, knocking him outcold. Melvin didn't see the punch coming as he had been texting his girlfriend at the time. Zaneran outtheback ofthe van,whileIke wasstillbusyinvestigating the trafficsituationupfront.

Zane ran across the median, and approached the vehicle of one Helen Happy, who was the soleoccupant and driver of a westbound vehicle. She was proceeding slowly because of the roadconditions.

Helen saw Zane escape from the van and, as he approached her vehicle, she thought she coulddetain him for the Corrections officers, so she slowed down even further and hit him over thehead with her snow scraper. Although dazed, Zane took the opportunity to reach in, open theunlocked door,andpunch Helenbeforethrowing heronto theroad andstart driving away.

Zane was apprehended again within a matter of hours while still driving Helen's car. Zane brokeHelen's collarbone, and knocked out a tooth when he hijacked her car. The collarbone injury leftherwithresidualmobilityproblems,andshehas sadlyhadtocurtailtwoofherfavouritehobbies

- skiing and golfing. Zane's eye was cut by the snow scraper and he has some trouble seeing outofit.Melvincontinuestohave headachesandblurredvisionafterhe waspunched.

Aftertheinvestigationintothisincident,it wasdiscovered that anotherguardhad beensneakingletters out of the Corrections facility for Zane. Zane had sent a letter to his partner in the fraudscheme tellinghimabouthis planstoescape.

  1. Set out all the torts that have been committed and by whom. Explain the legal rules foreachofthetorts andapplythemtothefacts.

  1. Determine the potential defendants and set out their defences by explaining the legalrulesthatapplyandthenapplythemtothefacts.

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