Paul, an engineer duly registered at the Association of Professional Engineers of Ontario, is an employee at the engineering firm Engineering ABC inc. While working for Engineering ABC inc., Paul designed and sealed the engineering plan for the irrigation system PureLand.

PureLand allows to "blow out" the irrigation lines of an irrigation system. The process uses an air compressor to remove residual water from the lines for the winter season. The aim is to prevent water from freezing in the lines over the winter which may cause them to crack that can lead to substantial water leaks.

Last year, Naya purchased the irrigation system PureLand for her land. Last week Naya, noticed the water running from her driveway into the street. She also noticed that her lawn was as heavily saturated by water. The water was running in a steady flow from a black drainage pipe running parallel to the driveway and from the driveway itself.

Early this morning, when the sun was barely risen, Clair, Naya's neighbor, left her home to go for her morning run. While she was leaving her driveway, she slipped on her wet driveway, hurt her head and died on the spot.

The unchallenged evidence before the Court shows the following:

1) When blowing out irrigation lines, it is essential to use the correct air pressure. Too much pressure will cause cracks to form in the sprinkler heads, valves or irrigation lines. Too little pressure will leave water in the system to freeze and expand over the winter, with the same potential results.

2) The irrigation pipe extending from Naya' home was vibrating, even though the irrigation system was not running. This indicates the presence of a leak.

3) Upon tested the lawn irrigation system, it shows that the running water is due to a default in the conception, of the mechanism designed and sealed by Paul, that allows an automatic control of the air pressure.

4) Paul was intoxicated when he signed and sealed the PureLand design and plan.

5) When Naya discovered the water leak from her property, she didn't take any steps to investigate and correct the leak in a timely manner.

6) The leaked water from Naya's property escaped into the driveway of her neighbour Clair and is the direct cause of Clair's slipping and death on the spot.

7) The water that escaped from Naya's property also damaged the concrete of Clair's driveway.

8) The designed irrigation system and the water coming out of the irrigation system are exceptional, unusual and out of the ordinary.

Under contract law, torts, criminal law and professional deontology, indicate 2 different proceedings (recourses/actions) that may be brought against Paul, Naya and/or Engineering ABC inc.For each action indicate the following:

oName of the parties: name of plaintiff v name of defendant

oProceedings: types (name) of action in torts, contract, criminal or professional deontology

oExplanation/ Legal principle: law criteria and principle of the selected proceeding

Note: If applicable, indicate the common law case and/or the law

Example of jurisprudence: Ron Engineering

Example of laws: s. 3(2)(a) Professional Engineering Act; s. 3 R941

oChance of success: Indicate if the rate of success of your proceeding is high, moderate or low. Then explain why by applying to the facts the legal criteria set in the jurisprudence (common law decision) and/or the law to establish the proof of the plaintiff.