Question
Felix was driving his car to work in Vernon one day. It was mid-winter, but the weather was mild, and Felix had opened his driver's
Felix was driving his car to work in Vernon one day. It was mid-winter, but the weather was mild, and Felix had opened his driver's side window a couple of inches to let in some fresh air. Suddenly, a mushy, icy snowball flew through the open window and hit Felix on the side of his head. It stunned him for a moment, and he nearly lost control of his vehicle. Turning his head to see where the snowball had come from, Felix saw what appeared to be a homeless man (he later learned his name was Morris), who was pointing at Felix and laughing uncontrollably. Felix immediately brought his vehicle to a halt, got out, and ran over to where Morris was standing. Morris attempted to flee but Felix tackled him, then bent Morris' arm back, got him to his feet, "perp walked" him to his car, opened the trunk to the vehicle, and threw Morris into it, slamming the trunk door shut as he did so. Felix planned to take Morris to the police station, but decided to drive around the block for fifteen minutes because Morris was yelling, and banging on the walls of the trunk, demanding to be freed. Felix thought that the drive would "cool the man down". Felix then delivered Morris to the police at the local station, explained what had happened, and left to drive back to work. Morris was released later that day, without charges. Morris then sued Felix for damages. 1. What are the legal issues that arise in this case? (2 marks) 2. What are the legal tests that the court will apply to decide the case? (1 mark) 3. Discuss how the legal tests should be applied to the facts of the case, and state the likely outcome of the dispute between the parties. Give reasons for your answer, referring to the relevant legal tests. (2 marks)
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