SCENARIO #2

Maggie is a dedicated recycler, small-scale farmer, and nature lover. She lives on a tiny acreage just outside the city boundaries of Edmonton, Alberta. She has gotten a lot of enjoyment out of her land because it allows her to pursue many of her outdoor interests. The most important of these are her chickens, which she adores. She has numerous chicken coops and about 50 chickens on her property. She keeps a few of the eggs for herself, but the majority of the harvest is sold at a local farmer's market once a week. Everything was fine until Fran, a new neighbour, moved in next door to the small acreage. Fran had recently retired from a high-stress job as a financial planner, and she had hoped to get away from the city's stresses. However, it was not to be. Maggie's chickens are always the first ones up in the morning. Fran wakes up at 5 a.m. to the sounds of enthusiastic clucking and crowing. This wouldn't have been so bad if she had to be at work at 6 a.m., but it's not ideal for someone who is looking forward to her retirement. Not to mention the fact that the chickens stink.

The stench of chicken droppings could be detected in Fran's yard and house when the wind blew precisely the right way. To add insult to injury, the hens frequently escape Maggie's yard and make their way into Fran's. They don't actually hurt her, but they irritate her to no end. Fran cries and demands at them to get out of her yard. Maggie was warned by Fran that if she continued to let the hens roam, they might wind up in her roasting pan! Maggie said that any attack on her chickens is an attack on her, and that if Fran tried something similar, she should watch her back! Fran went over onto Maggie's property one day while trying to herd some of the escaped hens back to their own yard. She wanted to make sure the birds were properly contained in their own territory. Unfortunately, she tripped over several rolls of chicken wire stacked along the property border while doing so. Given the development of weeds and brush around it, it was difficult to discern the wire.

As a result of the incident, Fran shattered her ankle.

1. Identify all legal issues in the case

2. Set out the applicable legal principles to answer the legal issues

3. Apply the legal principles to the facts in the case