Question 1

Mr. and Mrs. Smith lived in an expensive neighborhood in Toronto. Their home was a detached (stand-alone) house with a large backyard. Their neighbor was a family of three: Mr. and Mrs. Jones and their daughter Jane. The Jones family lived in a detached home with a backyard also. The backyard of the Jones family had many trees. Jane was 18 years old and majored in science. She enjoyed doing science experiments in the backyard. One day, Jane was trying out a new chemical formula in the backyard and a small explosion occurred, followed by a fire. Before the firefighters arrived, the fire spread to the backyard of the smith family. No one was injured. The smith family's backyard was completely destroyed.

1. Based on the facts above, what type of action maybe available to Mr. and Mrs. Smith in tort? (1 Mark)

1. What are the key elements that make up this action? Briefly describe each element. (8 marks)

1. What is the name of the legal document that the lawyer of the Smith family must prepare in order to start the action? (1 mark)