Question
This accident happened at Calgary's Olympic Park (the legacy park left after the 1988 Calgary Winter Olympics). Jennings was a competitive cyclist who like others
This accident happened at Calgary's Olympic Park (the legacy park left after the 1988 Calgary Winter Olympics). Jennings was a competitive cyclist who like others was in the habit of practicing using the roadway in the park. The park was private with a gate to bar entrance but the public normally was allowed to use the park and the gate was left open. A sign made it clear that the park and roadway were for use of park patrons only, but park officials were aware that others including cyclists regularly used the park roadways. The accident took place because the park officials, being concerned about excessive speeds of those using the park roads, erected a speed bump at the bottom of one of the curves in the road. This new addition was unknown to Jennings, who hit the speed bump at considerable speed and was thrown from his bike and seriously injured.
Discuss the merits of the plaintiff's (Jennings's) case against the owner of the park, with particular reference to each of the elements of a tort action. What will be the defences? What would be the likely decision?
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