Mr. J is a 65 year old senior citizen that lives in Markham Ontario. Mr. J suffers from an addiction to alcohol and is a frequent visitor to the local hospital. The local hospital knows of Mr. J's condition and provides treatment to him whenever he is brought in. The hospital recommends treatment for Mr. J addiction, which Mr. J never follows. The hospital will also provide treatment for other issues that Mr. J has. As a result of his drinking issue, Mr. J overall health is pretty poor.

One night Mr. J is brought into the hospital by an ambulance. Mr. J went to a local bar, had too much to drink and passed out. The bar owners called 911 and the paramedics brought Mr. J into the hospital. The doctors at the hospital determined that Mr. J needed some time to sober up and gave him a bed to sleep on and gave him some IV to help bring down his blood alcohol level.

While in the hospital bed Mr. J woke up and was confused. He wasn't sure where he was and how he got there. He tried to remove his IV and jump out of bed. The nurses in the hospital tried to calm Mr. J down but he wouldn't listen. He started pushing and shoving the nurses who became concerned for their safety. The nurses called security to help them restrain Mr. J and left his room. The nurses locked his room door so he could not leave until security arrived.

When security arrived they came into Mr. J's room and found him face down on the floor. Mr. J was trying to escape out of the room when he slipped fell and fractured his skull. The security guards got Mr. J medical attention.

When Mr. J was released from the hospital he went and consulted a lawyer. Mr. J said that if he was left alone in the bar he would have woken up and gone home. Instead he ended up in the hospital and had a fractured skull. Mr. J wants to hold the hospital accountable for their actions.

1.Did the hospital have a duty of care towards Mr. J? Did the hospital breach the duty of care? Explain your rational

2.Based on your analysis from question 1, if Mr. J entitled to damages? If so, how would you determine those damages? If not, explain why?