Mr. Mason was a good planner and he and his wife have an established contract created in 2000 with a cemetery called Westside Cemeteries Ltd (Westside) for their awn burial where he and his wife plan to be cremated. Unexpectedly, Mr. Mason's mother died in 2013 and his father in 2014. Both of them were cremated, and Mr. Mason asked the funeral home in a phone call to look after the ashes for his parents until he decided that to do. They said yes. In 2015, Mr. Mason drove the ashes out to Westside and left them with at Westside reception as they offered a service to bury cremated ashes in a common ground. Common ground burial involves the placement of about 200 urns in a crypt which is then buried. There is no marker on the burial site although the cemetery has a practice of keeping a record of which urns are buried where. Mr. Mason had pre paid Westside $500 for interment of the ashes.

In 2018, Mr. Mason approached Westside to transfer the ashes to a personal crypt. The ashes could not be found. Westside had no record of receiving the ashes or of them being buried and it did not acknowledge receiving them. After an extensive search that included digging up several crypts and examining the urns contained therein, it was clear the ashes would never be found. Mr. Mason sued Westside for loss of the ashes of his parents.

1. Identify the legal issue(s) in this case. State the issue(s) as a question for the court from the point of view of the plaintiff. (2 marks).

2. What rule(s) of law will apply in this case (2 marks).

3. Develop arguments

for the Plaintiff, applying the rules) of law to the facts (2 marks).

4. Develop arguments for Westside, applying the rules) of law to the facts (2 marks),

5. Who will win the lawsuit? Give a reason for your answer