Question 6 Most of Canadian tort law is derived from judges' decisions. Locate and read the decision of the Honourable Mr. Justice A.D. Mcleod in Warner v Calgary Regional Not yet Health Authority (Rockyview General Hospital), 2020 ABQB 172 (CanLII). Read the "Analysis" portion of the decision, then choose the statement below that is CORRECT. answered Marked out of Select one: 1.00 O a. The Plaintiff failed to prove causation. Flag O b. The trial judge rejected the evidence of the medical witnesses. question c. Relying on a Supreme Court of Canada case, the trial judge held that the Plaintiff has the onus to prove on a balance of probabilities that the Defendant's negligence was the sole cause of the injuries. O d. The Defendant disputed the Plaintiff in three areas: her position on causation relating to her injuries; the damages which would return the Plaintiff to her original position; and the categories of damages claimed. Question / Read, in particular, the portion of the judgment in Warner v Calgary Regional Health Authority (Rockyview General Hospital) (CanLII), relating to the assessment of Not yet damages. Thereafter, choose the statement below that is INCORRECT. answered Marked out of Select one: 1.00 a. The trial judge cited a Supreme Court of Canada case (Andrews v Grand & Toy Alberta Lid.), in outlining the purpose of non-pecuniary general damages. Flag O b. The Defendant suggested the sum of $155,000.00 in general damages for the Plaintiff. question O c. The Plaintiff sought special damages of $300,000.00 from the Defendant. O d. The Plaintiff was awarded general damages for non-pecuniary losses in the amount of $234,000 (plus interest). Question 8 One of the torts covered in the course is nuisance. An Alberta case which involved both a claim in nuisance as well as negligence, is Meadows v. Proctor, 2012 ABPC 360 Not yet (CanLll). After reading this case, identify the statement below which is NOT correct. answered Marked out of Select one: 1.00 O a. This case involves a dispute between neighbours relating to a tree and a fence. Flag b. The Court heard evidence, among other things, of calls to the police as well as calls and attendance by the by-law officer. question O c. Occasional debris which falls from a tree onto a neighbour's property does not constitute a substantial or unreasonable interference with that property. O d. The growing of the Defendants' free is not a natural use of the Defendants' land and is an unreasonable use of the Defendants' land.Question 9 You are considering suing someone for negligence in the Court of Queen's Bench in Edmonton. A friend Not yet has told you that there is legislation in effect in Alberta which may lead a court to find shared liability. answered Before consulting with a lawyer about your potential action, you conduct some research about this law Marked out of in Alberta. Based on your research, you confirm that: 1.00 Flag Select one: question O a. The Alberta legislation is known as the Shared Fault Act. O b. Alberta's legislation was repealed in 2017 and is no longer in force. O c. Section 2(1) of the applicable Alberta legislation states that: [wjhen damage or loss has been caused by the fault of 2 or more persons, the court shall determine the degree in which each person is at fault. O d. The applicable Alberta legislation is the Contributory Negligence Act. Section 3 of this Act states that: [ijn every action (a) the amount of damage or loss, (b) the fault, if any, and (c) the degrees of fault, are questions of law. Question 10 Read about tort law principles in the Business Law in Canada textbook (note that these are covered Not yet over two chapters). After you read this material, identify the statement below that is INCORRECT. answered Marked out of Select one: 1.00 a. An employer's liability for employees' actions while carrying out their employment duties is the principle of Flag vicarious liability. An employer is held vicariously liable for their employees' actions even though the employer question has done nothing wrong. b. Liability even in the absence of fault is the principle of strict liability. O c. Vicarious liability is not a form of strict liability. O d. Tort law generally requires fault to be demonstrated