In May 2019, an Ontario student sued Simcoe Bay Diving Company after his oxygen tank ran out of oxygen during an underwater dive.

In court documents, the plaintiff stated he and three friends had rented diving tanks from Simcoe Bay Diving Company and went diving nearby in Simcoe Bay. The four of them were experienced divers. They were underwater about 100 feet when the plaintiff noticed his oxygen was running low. Because the water was not as clear as usual his friends did not see him signal them to help him. So, he started to swim to the surface. On his way up, he knew he needed to stop and wait a few minutes at each point so he would not be injured from rising too quickly. However, because his oxygen was low, he did not have enough oxygen do this. As a result, he suffered permanent brain damage from rising to the surface too quickly.

The student was unable to continue with his studies for the summer and lost his semester. Much worse, he was not able to focus the same way he did before, and he had difficulty with some tasks in the restaurant job he started to earn some money. He sued fordamages, lost tuition payments, and for past and future health care. The lawsuitnamed Simcoe Bay Diving Company and two employees in the claim.

You have been hired to be the lawyer for the injured plaintiff. Identify four (4) important controllable risks the company needed to manage for participants. For each risk, identify one action the company needed to take to limit that risk. (8 marks)

As the lawyer for the plaintiff, you would need to establish the four elements of negligence. For the four elements below, state whether you think the you would be able to establish each of the elements by indicating Yes or No for each. Then explain why or why not for each. (12 marks). Add space to the table as needed.

	Yes or No	Why or Why Not
Injury
Duty of Care
Breach in the Standard of Care
Causation

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Now, you are the lawyer for the company. Would a waiver have made a difference? Explain why or why not. (4 marks)

You are now the judge and must make a decision on the case. Who do you think is responsible for the injury in this case? Using legal concepts and terms we have learned about, explain in detail why you think so. (6 marks)