Question
Please read the following Legal Research Scenario and answer the question that follow it . Read the following fact situation carefully and answer all questions
Please read the following Legal Research Scenario and answer the question that follow it .
Read the following fact situation carefully and answer all questions that follow it.
Luc Tremblay carries on a small home renovation business, and owns a panel van, registered as a commercial vehicle, and a variety of portable pieces of construction equipment. On Wednesday, February 13, 2024, Luc was driving his van to a job site in Oakville pulling behind the van one of his pieces of equipment, a small towable generator. While driving northbound on Highway 400, Luc heard a loud scraping noise. He pulled over to the side of the highway and discovered that the equipment was missing one of the tires. In fact, the entire wheel was missing. It was clear to Raj that the wheel had fallen off en route. There were scrape marks on the pavement leading to the wheel hub of the piece of equipment, but the wheel and tire were no longer to be found.
Officer Doleth Pascua spotted Luc on the side of the highway and stopped her cruiser behind him. Luc thought that she was stopping to offer him assistance, but when she saw that the piece of construction equipment was missing a wheel, she charged Luc with a wheel-off offence. Luc has retained your firm for advice. According to Luc, he has not done anything wrong.After all, it's not as though the wheel flew off a large truck; it was only a piece of construction equipment.Luc would like the charge against him dismissed.
- Identify the legal issue(s) raised by the fact situation above.
- State the name and citation of the statute (and regulation if applicable) that is relevant to the issue(s) you identified and provide the text of the relevant provision(s). (Copy the text exactly as it appears in the statute/regulation.)
- Provide the name and citation of one relevant Ontario case decided after 2011. Summarize the ratio or legal principle in the case. If the case sets out a legal rule or test, identify the elements of this rule or test. You may quote relevant passages from the case. State whether or not the case is binding if a Justice of the Peace is hearing Luc's case.
- Apply the law to the fact situation provided and discuss the likely outcome of Luc's charge. Summarize what you have concluded based on your analysis and application of the relevant law to the facts provided.
- Explain in detail, how you found the relevant law. State what sources you used and then set out, in detail, all the steps you took to find the applicable statute/regulation and case law. If you used the Canadian Encyclopedic Digest (CED), include the relevant subject title, the names and numbers of the relevant parts and sections, and the paragraph number. If you used the Canadian Abridgment Digests, include the relevant subject title and classification number. You must describe the search method you used to find this information. For example, if you used a plain language search, state this and then set out the keywords or question you entered. If you used a Terms and Connectors search, state this and then set out the Boolean search you used. Be sure to also state which pre and/or post search filters you used, if applicable.
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