Two young couples arrived after dark at Lakeside Resort for a long weekend holiday. They drove to their cabin and parked and began excitedly unpacking. As they did so, they heard splashing and voices coming from the direction of a dock that could barely be seen in the darkness by the water's edge. Harry, one of the husbands, let out a whoop, kicked off his sandals, and ran toward the water. He ran to the edge of the dock. To avoid landing on the other hotel guests, who were swimming on the north side of the dock, he dove into the water on the south side.

Unfortunately for Harry, the water on the south side of the dock was only 1 metre deep. He hit his head on a rock and suffered a severe spinal injury. Harry is now suing 1405580 Ontario Limited, the corporate owner of Lakeside Resort, under theOccupiers' Liability Act.

The dock, in fact, did have a permanent sign, with black block letters on a white background, nailed to a post midway down the dock, reading "Danger, shallow water. No diving." However, since there are no lights on the dock, this sign was not clearly visible at night, when Harry's accident occurred.

a.Is 1405580 Ontario Limited an occupier under the legislation?

b.What duty did the occupier in this case owe to the plaintiff?

c.Did the occupier meet the standard of care required in attempting to prevent Harry's accident?