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it's laws question. Question #1: Assume that you have been approached by a potential client, Jane Doe Jane Doe was playing in a charity golf
it's laws question.
Question #1: Assume that you have been approached by a potential client, Jane Doe Jane Doe was playing in a charity golf tournament at Hacker's Paradise Golf Club, when she was injured after she fell from a golf cart operated by an employee of the golf club. Please find a case in Ontario that is similar to the above-noted fact situation and state how the court apportioned liability/divided responsibility between the golf club (defendant) and the injured person (plaintiff)? a. Name of Case? (2 marks) b. Apportionment of Liability? (1 mark) Assume that John Doe (Plaintiff) has commenced an action in Toronto against a Defendant who resides in Manitoba. The action arises out of a car accident (Tort) that occurred in Toronto. Please state whether John Doe (Plaintiff) requires a court order to serve the Defendant with the Statement of Claim in Manitoba and the supporting rule/subrule of the Rules of Civil Procedure. (2 marks) Question #3 What are the issues and result as outlined in the Financial Services Commission of Ontario arbitration decision of Tharmalingam v TD Home & Auto Insurance Co.? a Issues? (2 marks) b. Result? (1 mark) What statute was considered/referred to in the Ontario case of Hume v. Swinkels? (2 marks) Assume that a potential client, Mary Doe, has come to you regarding an incident that occurred at a professional baseball game. Mary was sitting in the stands when a foul ball was hit into the stands and struck her on the head, causing her to suffer a concussion There is an issue as to whether the netting to stop balls hit into the stands was as long or as high as it should be to stop balls from flying into the stands and potentially hitting people a What is the general area of law with respect to the above-noted situation (1 mark) b. What is the specific area of law with respect to the above-noted situation (1 mark) C. What is the General Statement of Law with respect to the above-noted situation? (2 marks) e What is the Specific Statement of Law with respect to the above- noted situation? (2 marks) Question #6 What is the history of the Ontario Divisional Court case of Pardar v Mckoy? Also please name one (1) Ontario case where Pardar v. Mckoy was followed. a History of Pardar v. Mckoy? (2 marks) b. Name of one (1) Ontario case where Pardar v. Mckoy was followed? (2 mar Assume that John Doe is charged in Ontario with Careless Driving Causing Bodily Harm contrary to the Highway Traffic Act. a. What section/subsection of the Highway Traffic Act is this offence based upon? (1 mark) b. What is the potential penalty upon conviction? (1 mark) c. What is the most recent Regulation under the Highway Traffic Act? (1 mark) d. What is the most recent reported case in Ontario that has cited this section/subsection (from answer a. above) of the Highway Traffic Act? (2 marks) Which secondary source should you use if you are looking for case law dealing with a specific subject or legal issue? a. Canadian Abridgment Case Digests b. Canadian Statute Citations c. Consolidated Table of Cases d. All-Canada Weekly Summaries Question #1: Assume that you have been approached by a potential client, Jane Doe Jane Doe was playing in a charity golf tournament at Hacker's Paradise Golf Club, when she was injured after she fell from a golf cart operated by an employee of the golf club. Please find a case in Ontario that is similar to the above-noted fact situation and state how the court apportioned liability/divided responsibility between the golf club (defendant) and the injured person (plaintiff)? a. Name of Case? (2 marks) b. Apportionment of Liability? (1 mark) Assume that John Doe (Plaintiff) has commenced an action in Toronto against a Defendant who resides in Manitoba. The action arises out of a car accident (Tort) that occurred in Toronto. Please state whether John Doe (Plaintiff) requires a court order to serve the Defendant with the Statement of Claim in Manitoba and the supporting rule/subrule of the Rules of Civil Procedure. (2 marks) Question #3 What are the issues and result as outlined in the Financial Services Commission of Ontario arbitration decision of Tharmalingam v TD Home & Auto Insurance Co.? a Issues? (2 marks) b. Result? (1 mark) What statute was considered/referred to in the Ontario case of Hume v. Swinkels? (2 marks) Assume that a potential client, Mary Doe, has come to you regarding an incident that occurred at a professional baseball game. Mary was sitting in the stands when a foul ball was hit into the stands and struck her on the head, causing her to suffer a concussion There is an issue as to whether the netting to stop balls hit into the stands was as long or as high as it should be to stop balls from flying into the stands and potentially hitting people a What is the general area of law with respect to the above-noted situation (1 mark) b. What is the specific area of law with respect to the above-noted situation (1 mark) C. What is the General Statement of Law with respect to the above-noted situation? (2 marks) e What is the Specific Statement of Law with respect to the above- noted situation? (2 marks) Question #6 What is the history of the Ontario Divisional Court case of Pardar v Mckoy? Also please name one (1) Ontario case where Pardar v. Mckoy was followed. a History of Pardar v. Mckoy? (2 marks) b. Name of one (1) Ontario case where Pardar v. Mckoy was followed? (2 mar Assume that John Doe is charged in Ontario with Careless Driving Causing Bodily Harm contrary to the Highway Traffic Act. a. What section/subsection of the Highway Traffic Act is this offence based upon? (1 mark) b. What is the potential penalty upon conviction? (1 mark) c. What is the most recent Regulation under the Highway Traffic Act? (1 mark) d. What is the most recent reported case in Ontario that has cited this section/subsection (from answer a. above) of the Highway Traffic Act? (2 marks) Which secondary source should you use if you are looking for case law dealing with a specific subject or legal issue? a. Canadian Abridgment Case Digests b. Canadian Statute Citations c. Consolidated Table of Cases d. All-Canada Weekly SummariesStep by Step Solution
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