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On March 13, 2022 Clara, 24 years old, was coming back home on a snowy evening from spending time with her friends. As she was

On March 13, 2022 Clara, 24 years old, was coming back home on a snowy evening from spending time with her friends. As she was crossing the intersection of Fulton and Pine streets in Milton, a car driven by Paul, 17 years old, slipped on the icy pavement, seeking to stop from a legal speed of 43 km/h. The car hit Clara who flew 4 meters away, losing consciousness until the arrival of the paramedics and the police. She was brought to the nearby hospital where she was diagnosed with 3 leg fractures and 2 broken ribs. Her face was severely bruised, and she suffered a concussion. She was kept at the hospital for 3 weeks before she was sent back home.

Clara lost 5 weeks of wages (for a total of $4000) and she is still physically and emotionally struggling. At this point, she doesn't know if or when she will be able to go back to work, since her job requires constant mobility - she works as a physical education teacher in a private high school in Etobicoke.

It appears from the police records that:

Paul, after passing legally a breathalyzer test, was found with a level of 0.063 mg of alcohol in his blood. He was also under the influence of marijuana, as he legally confessed to having smoked "a couple of joints" with his friends 3 hours prior to the accident.

The street on which Paul was driving was super slippery, the city of Milton having delayed in ploughing the roads and applying sand or salt. As a matter of fact, Mr. Brown, Milton Road Supervisor, had failed to monitor the weather forecast on March 12. Consequently, he left work without arranging any response to the forecasted early winter storm.

The police who investigated were not surprised by the outcome. Officer Baldwin shared with Clara that "anyone driving on this street covered with black ice would have struggle to stop the car..."

Paul doesn't have a full-time job - he is working 10 hours/week at Tim Horton's. He lives with his 2 sisters and his mother who works as a nurse, with an annual income of $55 000. They live in a house for which the mother pays a monthly rent of $1900.

Clara wants to know if Paul will be held accountable for his actions, as well as how she will be compensated financially for the loss of past wages and, very probably, future income.

The aim of this legal advice is to identify the legal and procedural issues from the facts of the case, set out the course of actions and advise Clara on the steps to be taken to bring the case to a satisfactory conclusion. In order to do so, you have to consider and include in your legal opinion:

1. The criminal/civil issues to the facts at hand

2. The potential criminal consequences anticipated for Paul

3. The possible legal actions against Paul and/or the city of Milton and the amount of money Clara can expect from a settlement or court decision

You need to cover all the legal issues related to these facts and provide an overview of the expected or potential scenarios.

Essay format

Quote at least 6 sources, including:

- 3 legislative sources, including potentially (it is "a lead") use https://www.townofmilton.org/sites/g/files/vyhlif911/f/uploads/final_town_of_milton_snow_and_ice_control_program_policy_ad3.pdf

- 3 relevant cases

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