Mr. Dewer and Mr. Powell live across the alley from each other. In the months prior to the incident, there had been an ongoing issue with the waste bins behind Mr.Dewer's residence. Mr. Powell says the waste bins were placed in a manner that impeded his ability to back out of his carport. Mr. Dewer says his waste containers were being knocked over such that some weeks his waste was not removed by the city. Mr. Dewer did not know who was responsible but suspected it was Mr. Powell. Despite living in their respective residences for many years, Mr.Dewer and Mr. Powell had never met.

On the day of the incident, Mr. Dewer observed Mr. Powell backing out of his carport and pushing the waste bins with the rear of his vehicle. Mr. Dewer went to the front passenger side of Mr. Powell's vehicle. Mr. Powell rolled the passenger side window down and there was a verbal interaction between the two men. While there is some disagreement about the exact words used, it is clear that Mr. Dewer expressed frustration about the waste bins being knocked over and both men concluded further discussion between them was not going to be helpful.

Mr. Dewer then went behind Mr. Powell's vehicle and straightened the waste bin. Mr. Dewer says he then stood next to the waste bin to say enough is enough. In his words, he put himself there to say "Nope, you're not doing it again". Mr. Dewer says he saw the reverse lights come on and that Mr. Powell was backing up incrementally. From where he was standing, Mr. Dewer said he was not able to see into Mr. Powell's rear view mirror. When he saw the car backing up, Mr. Dewer says he called out but was unable to get out of the way when Mr. Powell backed into the waste bin. Mr. Dewer says he was struck both by the vehicle and the waste bin after which he cried out loudly, "OUCH"!!!

Mr. Powell says he saw the waste bin move but did not see Mr. Dewer behind his vehicle. He says he assumed Mr. Dewer was a reasonable person and would not remain behind a vehicle that was clearly going to back up. He thought Mr. Dewer had likely retreated to take pictures or video of him pushing the waste bin with his vehicle. As little as five seconds after seeing the waste bin move, Mr. Powell put his car in reverse and backed into the waste bin. He says it would have been his habit to check his mirrors before reversing. After backing 1.5 to 2 feet into the waste bin, Mr.Powell drove forward down the alley. As he was driving away, he heard what he described as a howl of rage which he thought was because he had moved the waste bin. Mr. Powell was unable to say whether he had struck Mr. Dewer or not.

Unfortunately, as a result of the incident, Mr. Dewer suffered a broken leg, and he was no longer able to play professional soccer for the Whitecaps.

1.Can Mr. Dewer sue Mr. Powell? If yes, for what, and why? What would Mr. Dewer need to prove in order to successfully sue Mr. Powell?

2.Does Mr. Powell have any defence? If yes, what is it and why?

3.If Mr. Dewer wanted to commence legal action against Mr. Powell, should he sue in court, or use alternative dispute resolution? What are the pros and cons of each option?

4.What remedies should Mr. Dewer seek against Mr. Powell?