Please help with these questions

Fact Scenario

Arjun is a 28-year-old clinical chiropractic assistant living in Sudbury, Ontario. While he was a good student and graduated from his post-secondary program with excellent grades, he has had a tough time with his career lately. In 2019, he lost his previous job at Chriro Clinic Express Ltd. (CCE) due to sustained incompetence and was forced to look for a new one.

During the job search process, he responded to a job advertisement by Northern Chiroprax Inc. (NCI), a local company hiring chiropractc assistants by sending in his resume and a list of references (including his previous employer, CCE). The hiring manager at NCI Bob - skimmed through Arjuns resume, was very impressed with his high GPA, and decided to go ahead and schedule him for an interview despite having no time to check any references.

The interview went well, and after going over the basics of the position, Arjun and Bob hit it o and start talking about their interests outside of work. A few days later, Arjun receives a job oer from NCI, which he accepts. The job oer is simple email containing only his proposed position, full-time hours of work (40 per week), and hourly rate ($20.00).

Arjuns first day of work was August 20, 2019. NCI was extremely busy with new clients, and neither Bob nor the senior chiropractors had any time to onboard and train Arjun. Instead, he was given a generic welcome package with some instructions on oce procedure, and immediately set to work. Among the documents provided to Arjun was a copy of a standard-form waiver that every client of NCIs was required to sign, which read I hereby waive any and all claims which I have or may in the future have against NCI , its aliates, and their respective directors, ocers, employees, agents, representatives, shareholders, successors, and assigns arising out of or atributable to my receipt of chiropractic services, due to any cause whatsoever, whether known or unknown

At first, Arjun was able to carry out his duties as an assistant well enough. As the years went by, NCI got more and more busy, and began assigning Arjun with increasingly technical duties, including client-facing therapy sessions. Arjun often struggled with these new duties and made frequent mistakes while delivering services, causing occasional complaints from clients. However, Bob was afraid that with the current labor shortages, he would not be able to find a replacement any time soon to serve the increasingly large client load. Therefore, Bob never formally reprimanded Arjun aside from a couple of verbal remarks that he needed to try and be more careful.

On July 31, 2023, when the clinic was particularly busy, Arjun was directed by NCI to provide chiropractic therapy services to a client Corrina - by himself. Prior to this, Arjun had only seen clients together with a senior chiropractor. After singing Corrina in, taking payment, and having them sign the waiver, Arjun took Corrina to the next available therapy room. At one point during the therapy session, Arjun applied too much pressure on Corrinas back in the course of performing a spine correction technique he had not practiced before, and caused a serious, painful injury to her back. Corrina loudly complained and let the premises after telling the receptionist that NCI would be hearing from her lawyers.

Later that day, when Corrina met with her doctors, they advised her she is going to have to unable to work for a month while her injury heals. Additionally, she will have to pay $5,000.00 for a series of physical therapy sessions to correct her back injury. Furthermore, as Corrina does not qualify for employment insurance, she will miss out on her weekly $1,500.00 pay check for that period.

Corrina, a good friend of yours, heard you have recently taken a course in business law at Cambrian College. She comes to you for advice before deciding whether or not to contact a lawyer. Reason your way through the fact scenario and identify any potential legal issues that arise, with a view to bringing Corrinas claim forward. Consider the following as guiding questions:

1. Even though Arjun was working with the client at the time of the incident, Corrina wants to sue NCI. Is this possible? Why or why not?
2. What tort would provide the most appropriate cause of action for Corrina to sue NCI under? Describe the elements of that tort and explain whether you think they can be established by Corrina in the circumstances. In other words, identify the standard of proof that needs to be met and explain whether you think she can meet it for each element of the tort.
3. Assuming the elements of the tort are established, what defenses if any do you think NCI could raise against Corrinas claim? Do you think NCI would be successful in avoiding liability through a defense? Why or why not?
4. What remedies, if any, do you think Corrina would be able to claim if she was successful in her claim? Be as specific as possible given the facts provided. Can you try to quantify any damages?

On August 24, 2023, Bob, who just so happens to also be a good friend of yours, is worried sick about the potential for an impending lawsuit from Corrina. You and Bob go out for drinks after work to try and get him to relax a bit. After a couple of beers, Bob reveals to you that he intends to terminate Arjun the next day for cause eective immediately and send him home with no further payment. You recall that the issue of termination is particularly contentious in the context of employment law and set out to give Bob some practical advice about the situation. What would you tell him about any potential legal issues that might arise? Keep in mind the following guiding questions:

5. Do you think NCI has just cause to terminate Arjuns employment? Why or why not?

6. In light of your answer to question 5, what kind of claim do you think Arjun could have against NCI if he was terminated as described by Bob? What remedy could he ask a court for under:

a. Any applicable statutory minimums? Can you quantify any damages thereunder?

b. Any additional common law entitlements, if any? Can you quantify any damages thereunder?

7. Regardless of your answers above, if Bob wanted to bypass the question of cause entirely and simply terminate Arjun in a way that did not give rise to liability, how would you advise him to proceed? Does he have any options regarding how to structure an exit package?