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Jack dropped out of college in his third year and has been getting into mischief. One night Jack went onto Sally's property to spray-paint
Jack dropped out of college in his third year and has been getting into mischief. One night Jack went onto Sally's property to spray-paint hateful words on the side of her house. As he was spray-painting he tripped. over a gardening tool (i.e. rake) that Sally had carelessly forgotten to pick up and put away. Jack fell onto Sally's driveway and hit his head. He suffered serious head injuries. Jack is suing Sally, as occupier, under the Ontario Occupiers' Liability Act for failing to provide reasonable care. Jack will very likely succeed in suing Sally under the Ontario Occupiers' Liability Act. Yes or No. Explain and support your answer by stating the applicable legal test and applying it to the facts.
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