Module 4 Canadian Law

Case Studies

Analyze the following cases. Use the Occupiers, Innkeepers Act as well as the tort and negligence laws as discussed

1. Ms. Laura Doyle, an 87-year-old retired schoolteacher, was attending the annual convention and banquet for her sorority. The organizing committee for the sorority had met with the hotel to approve all the details and plans for the event. The banquet started with cocktails served from 5:00 p.m. to 6:30 p.m. After the cocktails the guests went into the large banquet room. The room was set up with large rectangular tables, each set for 20 guests. The chairs were placed so tight such that each was back-to-back and touching the chair behind and adjacent. Two bottles of red wine and white wine were placed strategically on each table. Laura took a seat in the middle of the table. The servers could not serve each guest individually but rather the meal plates were passed down the table by the guests themselves. At about 9:00 p.m. the tables were cleared of the dinner plates and the lights were dimmed for the speeches and presentations. After about 15 minutes Laura rose to meet her nephew, Donnie, in the lobby. She got past the first two guests and then she fell awkwardly to the ground, hurting herself.

1. As it relates to occupiers' liability, discuss the property's responsibility.
2. Discuss whether or not the Hotel carried out its responsibility, indicate why or why not
3. Indicate the proper steps the organization should have taken to prevent this incident
4. As a guest what steps could Laura take in respect of the injuries she received?

2. Martha, who is 65, visits the hotel you work on a busy Saturday afternoon when she slips and falls as she approaches the front desk. collapses to the floor. After everything has transpired Martha was treated at the hospital for a broken arm. Upon investigation it was determined that Andrea a new housekeeper had seen some water on the floor and went to get a mop, however it took longer than she expected to return, by the time she got back 20 minutes later she realized all the commotion. The manager blamed Andrea for the incident and informed her she will be responsible for any injuries the guest suffered.

1. As it relates to occupiers' liability, discuss the hotels responsibility.
2. Discuss whether or not the Hotel carried out its responsibility, indicate why or why not
3. How would you respond to the Managers response to Andrea,
4. As a guest of the hotel, what steps could Martha take in respect of the injuries she received?

Analyze the following case.

Outline all the possible considerations in the case, in terms of liability, duty of care, innkeepers responsibility.

3. Mr. Cormack was a travelling sales representative for Beck's Jewellery Company. His sales territory was Canada. He was on a regular trip to Vancouver and planning on staying at The Impress Hotel. When he arrived at the front desk, he was greeted like a lost friend by the front office manager. He explained to the manager that he did not have time to check in but that he would do so later. This was acceptable to the hotel. Rather than carry his luggage with him, he left it in the care of the front office staff. He then went out to make some calls. When he returned to the hotel, there was a message awaiting him, requesting that he return immediately to Montreal. He asked for his luggage. It could not be found. Mr. Cormack is suing for recovery. He indicates that his loss was personal luggage valued at $2,000, a laptop valued at $925, and a jewellery sample case containing $24,000 in diamonds.