Mitchell and Jason met during orientation week at university and quickly became good friends.

They graduated from university with a Bachelor of Commerce degree in 2019. Mitchell is from

St. John's and Jason is from a small community on the south coast of the Province. As part of

Jason's graduation celebrations his parents threw a party for his extended family and friends.

Mitchell saw Jason's graduation party as the perfect opportunity to explore an area of the Province

he had never visited.

Mitchell drove his new sports car, a graduation gift from his grandmother, to the south coast. He

arrived at Jason's house at about 4:00pm on the day of the party. Mitchell was excited to show

Jason his new car and suggested that they go for a short drive. However, Jason wanted to get

a jump start on partying and immediately handed Mitchell a cold beer saying they had lots of

time to test drive Mitchell's new car later. Jason's family left the two friends to their celebrations

and went to the Community Center to finalize preparations for the party. Jason and Mitchell

proceeded to indulge in a number of cold beers. When the time came to go to the party no one

was around to drive them to the Community Center. Mitchell said he felt "sober enough" to drive.

He also wanted to use the opportunity to show Jason just how fast his new car could accelerate

and how well it hugged the turns. While reluctant, Jason agreed to go with Mitchell stating that

it was only a short drive.

Having never driven in the community before, Mitchell was unfamiliar with the road and the fact

that there was a sharp turn just before the Community Center. Jason, being totally enthralled by

the gadgetry in the car, was not paying attention and did not think to tell Mitchell about the sharp

turn. Unfortunately, the road was wet from an earlier rain shower and when Mitchell entered the

turn at about 20km over the speed limit he lost control of the car causing it to roll over.

Over the years there had been a number of serious motor vehicle accidents on the turn causing

the Municipality to place a warning sign on the side of the road to reduce speed. Mitchell would

not have been able to see the turn in the road or the warning sign as there was uncleared dense

brush growing by the side of the road. As part of its budgetary cuts the Municipality had reduced

its brush cutting operations such that brush cutting in that area was not scheduled until the next

month.

As a result of the accident Jason is left quadriplegic. He could not accept the marketing job in

Toronto he was offered, he requires constant personal care, renovations to his home to

accommodations his physical limitations and is under the care of a psychiatrist.

Jason has decided to sue Mitchell and the Municipality.

Follow the approach to a case analysis set out in the "Individual Assignment" under Course Content. Your detailed analysis and discussion should include:

i. The nature/basis for the court action that Jason may take against Mitchell and the Municipality; ii. Any defences that may be raised by Mitchell and the Municipality;

iii. The extent of liability of Mitchell and the Municipality, if any.

iv. The avenues of dispute resolution available to the parties, including the factors the parties should consider in assessing the avenues;

v. If there is a two-year limitation period what does that mean for Jason's action against Mitchell and the Municipality; and vi. The remedies available to Jason should he succeed in his court action against Mitchell and the Municipality