Mary and the Pandemic

The City of Covid, located in Corona County, in the province of Ontario, was having a contagion outbreak. A novel disease had been spreading around the world. Although the death rate was very low and was restricted to the elderly, this disease was very contagious and spread through aerosol contact. Which meant that the moisture that people exhale could carry this virus to anyone.

The virus had been found to be potentially deadly to the elderly and people who suffered from untreated diabetes, lung conditions such as asthma or immune-compromised due to other medical treatment. The result was that, although most people would suffer only flu like symptoms, some people with family members who were over the age of 50, could bring the virus home and expose the vulnerable people to the disease.

Under the provincial legislation, the Health Protection and Promotion Act, R.S.O. 1990, c. H.7, the government can establish regional Public Health Boards who have the jurisdiction to establish Public Health Standards and Practices to protect the public from many things, including contagious diseases.

Because of this most recent novel virus outbreak, Corona County's Public Health Board has established rules for the opening and closing of certain businesses, the daily practices of certain businesses, and the requirement that people can only gather in small groups of 10 or less and requires everyone to wear a mask or face protection of some kind when in public and in stores, schools and shopping malls. All businesses that have been allowed to remain open are required to post signs explaining the rules, post staff at the door to ensure compliance, and provide disinfecting stations and free masks to those who enter their premises.

Everyone in Corona County is aware of the disease's signs and symptoms and the incidence of the disease in their county. The Public Health Board's Rules are published everywhere in the county.

The Public Health Board had shut down the town for weeks. Everyone was required to stay home, and most people were either working from home or unemployed, collecting a government subsidy (which actually worked out to be better than working for minimum wage.) Then they eased restrictions.

Mary Spreader woke up Monday with a fever and a cough. She remembered that she had been at a private party last weekend. It was a huge party with well over 100 people. Everyone was so tired of being cooped up at home so long that when they saw Steve Dodger's post on Instagram about a little bonfire he was having at his cottage, just outside Covid City, everyone wanted to go. Although the plan was to be outside with only 10 of his friends, it rained that night. So, all 117 people who arrived were in the tiny cottage for the night. All of the expected activities took place as if there was no such thing as a pandemic. The few partiers who wore masks had them off within the first hour. Mary vaguely remembers that she spent a lot of time dancing with some very drunk people. The music was loud, and people were shouting just to hear each other.

The government subsidy did not apply to her because she was able to go to work as an essential service worker. Mary knew she had to go to work. Her rent was due, and she was overdrawn at her bank. Like so many young adults, she was stressed about money.

She thought that maybe a coffee would make her feel better, so she went to her local coffee shop owned by her friend Dave Determined. Dave had been willing to break the rules from the start. He was determined not to lose his business and life savings, so he found ways to stay open using drive-up door service and Stuber Eats (a food delivery app.) He had a personal thermometer on a stand at the door for people to take their temperature. He also had a hand sanitizer station at the door, but he knew the bottle had been empty for days. He could not afford to refill it.

But he thought, in principle, he should not have to supply everyone with hand sanitizer. Although he had the mask sign posted on the door, his employees all agreed that the government had gone too far to create the mask law so they never enforced the mask rule and many customers came in without one. Often customers would have their masks under their chin or under their nose because they knew Dave and his employees would not say anything. While Mary stood in the line up for almost 5 minutes, she wore her mask a little while. Soon she was too hot, and she lowered it.

Norm Notachance was in line behind Mary the whole time with his mask down around his neck. Although he did not know her, he spoke loudly to Mary and everyone else in the shop, that this whole mask thing was crazy and a violation of his rights. He explained the conspiracy theories for everyone to hear. Dave cheered him on, and Mary smiled because she thought she recognized him from Steve's party. Norm got his coffee and headed off to his job as a security guard at the Elderly Times Retirement Home and Hospital.

When Norm got to work, the nurse did his daily health screening as required by the new rules. They would ask him about how he felt and if he had been at any large gatherings or had been travelling. Everyday he did this and everyday he said "No." The Nurse and everyone knew Norm had just come back from a three-week vacation in Italy. But he seemed healthy and his boss, Ella Exhausted, was having a hard time finding people who would work for minimum wage, so she really didn't enforce the screening process. She was just happy people came to work. There were a lot of hand sanitizing stations in the Home and they supplied free masks, so she thought everyone was taken care of.

Many family members of the residents complained about the masks and refused to wear them when they visited. Ella felt sorry for the lonely seniors, so she did not enforce the rules for visitors either.

When Mary got to work as a cashier at the Drug Store, she put on a fresh mask and went quickly past her boss Carl Confused. Carl was busy trying to clean the cash stations and screen the employees at the same time. He was in a hurry and had to get the store opened on time. He had run out of the disinfecting spray but didn't want to take any off the shelf for fear the owner would be mad. So, he just used water with a little bit of soap. He totally forgot to screen Mary when she came in.

Mary served 112 people that day. Some wore masks and some didn't. She shared the cash register with Victor Victim. Vic was a 62-year-old diabetic man who lived with his mother who suffered from an immune deficiency. Vic hated the smell of hand sanitizer and so he didn't use it. Mary did some shelf stocking when the store slowed down. Carl was just happy when people pitched in.

The next day Mary called in sick and told Carl she "might have been a little sick yesterday." Carl had been having difficulties with the owner of the store, Tom Tyrannical. He was afraid he was going to fire him. Carl thought he might have had to tell Tom about the illness according to the Health rules, and he would have to tell the Public Health Office. But he told Mary to go get a test, and decided to wait until that test came back before he told Tom.

Little did he know that Vic and his mother were getting headaches and fevers and the next few days were going to be horrible for them. Vic's mother was no match for the virus.

Mary felt better after a few days. Although she tested positive for the virus, she was young and rebounded well. She had to remain quarantined for another 10 days however, and she was bored again. So, she turned on the TV. The local news station was talking about an outbreak in her town. Four people had died at the retirement home. Another seven were sick. The police were looking for information about a big party at a cottage. The local drug store had been shut down. The Public Health had issued a statement that backward tracing had isolated a coffee shop and a drug store and anyone who had been there was being told to get a test.

She got a text from her colleague Vic saying his mother was taken to the hospital and was on a ventilator. Her friends messaged her saying that Dave at the coffee shop was sick and he was closed down.

Mary began to wonder.....

Template Questions for the Case Study

In the attached scenario there are many examples of negligence. We all know Mary was negligent, but there is no point in suing her because she has no money.So, like a good lawyer, focus on the other examples of negligence where you have someone worth suing.Do not use Mary's negligence to answer these questions.

IGNORE AND DO NOT REFERENCE THE CHARTER ISSUES - they have nothing to do with our examination of negligence.

Describe in detail TWO (2) of the examples of Negligence in the above scenario.

Use the following points/questions to guide your detailed description for each Tort:

Explain in detail the elements of negligence.

Pick two examples of negligence from the scenario. State them.

Explain in detail the Facts from the scenario that give rise to negligence and satisfyeach of the elements.

Explain in detail if there is any Defense or Contributory Negligence which could reduce the damages.

Explain in detail the types of damages arising from the negligence and what they might be worth.