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BCTA 150 Legal Research

Theo and Roberto

On 13 June 2021, Theo and Roberto, two friends who were avid hockey fans, stopped by Derry's Bar and Grille to watch the final game of the Stanley Cup. The bar, located in Blissville, Ontario, was a popular gathering place for sports fans because of its big-screen televisions. Theo and Roberto had watched many of the earlier games in the series, and were excited because their favourite teams were in the final. Roberto was a Kings fan, while Theo supported the Rangers.

After Los Angeles won the final game in double overtime, Roberto jumped onto a table with other fans and began to celebrate by dancing and singing. During the celebration, a full bottle of beer tipped over and spilled on Theo. Overcome by anger, Theo picked up the empty bottle and intentionally swung it at Roberto's head. The bottle shattered when it hit Roberto's right temple. Roberto fell, hit his head on the table, and lost consciousness. Frightened, Theo ran out of the bar, but was arrested by police before he crossed the border to the United States.

Theo is your first client following your graduation from law school. He wants to know if he committed assault pursuant to theCriminal Code. Assume that Roberto did not consent to Theo's actions.

Yes, he can be charged with assault on behalf of this section.

In addiction, Theo can be charged withIn addition to accusing him of assault, he can be charged with failure to assist and attempted to scape.

Theo picked up the empty bottle and intentionally swung it at Roberto's head. The bottle shattered when it hit Roberto's right temple. Roberto fell, hit his head on the table, and lost consciousness.

Review the law concerning this problem found in section 265 of theCriminal Code.

265(1) A person commits an assault when

(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;

(b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or

(c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.

1. What are the relevant facts?

2. What are the keywords?

3. What are the legal issues?

4. Is Theo responsible for Roberto's injury?

MOLLY AND HER GRANDMOTHER

Molly has had a strained relationship with her grandmother. She has long felt that her grandmother preferred her sister Sarah. Sarah seemed like the "perfect one". She did well in school, stayed out of trouble and sang in the local choir. Molly had a bit of a rebellious streak. She dropped out of high school but eventually went back. She has a few credits left to complete in order to graduate. She was in trouble with the law on a few occasions for minor offences such as mischief and theft under $5,000, but completed her probation successfully.

Molly has always admired her grandmother's diamond earrings. They are extravagant and very expensive. Some time ago, her grandmother promised to give her the earrings if she stays out of trouble and acts responsibly. Molly has tried hard to follow the rules her parents have set for the household. She has been doing chores around the house and studying to finish her last few high school credits. She has also visited her grandmother and helped her with household chores and kept her company.

A couple of weeks ago, Molly was shocked to see Sarah wearing the earrings she loved. When she asked her grandmother about it, her grandmother stated that Molly still lacked maturity and the grandmother was afraid that Molly would lose the earrings.

Molly is very upset. She does not understand how someone can promise to give a gift and then simply change their mind. She also believes that she has done numerous chores and gone out of her way to be helpful with the expectation of receiving the earrings, and wants to know if perhaps there was an enforceable agreement between her and her grandmother. Molly wants to know if she has any legal rights with regard to the earrings.

1. What are three facts you would like to know to properly advise Molly?
2. Name three legal issues arising from this fact situation.