(TORTS) For many years, the Finch Gum Company sold a product that it called "Asper Gum", a low-calorie gum made from asparagus and other ingredients. Although Asper Gum never 7 | P a g e enjoyed great success in the market, it did prove very popular with a small number of people. Clint was one such person. He chewed Asper Gum almost daily for nearly two decades. Several years ago, however, Asper Gum was taken off the market when it was discovered to cause several forms of cancer including mouth cancer. Clint was recently diagnosed with mouth cancer and has sued Finch. Finch admits (1) that it owed a duty of care to Client and (2) that it had carelessly sold a product that it should have known was carcinogenic. It insists, however, that Clint's cancer was not caused by the Asper Gum but instead by the cigarettes that he smoked over the same period. On average, Clint smoked a pack of cigarettes every day. Evidence presented by Clint's lawyers indicates that there is a 60% chance that the cancer was caused by the Asper Gum and a 40% chance that it was caused by Clint's heavy smoking. Lawyers for Asper Gum submitted evidence to the effect that there is a 75% chance that the cancer was caused by Clint's smoking, a 10% chance that it was caused by the chewing gum and a 15% chance that Clint would have developed cancer anyway because both of his parents had cancer. The cigarette manufacturer's lawyers submitted evidence to the effect that there is a 80% chance that the cancer was caused by the chewing gum, a 15% chance that it was caused by his genetic make-up and a 5% chance that it was caused by Clint's heavy smoking. What Ontario Court would Clint likely use in which to file his claim for damages? Explain why. Who would be the likely parties in this action? Explain. Discuss the various liabilities involved. Assuming that Clint's damages are valued at $1,000,000.00 how much should he receive? Apportion liability and give reasons.

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