You, Jamie Manag, are completing a co-op term at the City of Mississauga ("City"), Legal Department. The department that you work in is lead by a Director, Bau Bishette, a very experienced lawyer. Bau made the decision to hire you based on your understanding of law, in part as reflected by your completion of MGM 390.

Recently Bau met with you to discuss a possible claim that may be launched against the City. Bau says that he understood going forward that the parties suing the City would be the deceased, Tom Mayzza, along with the individual that he had been living with (Shirley Springer). Bau goes on to tell you that he has provided a summary of the facts as he understands them in Exhibit One and that you should make detailed memorandum to him that identifies and analyzes the relevant legal issues and provides your preliminary conclusion regarding the merits of any claim. Any practical advice that you have regarding "moving this matter forward in a cost-effective manner" would be very helpful.

MEMORANDUM includes: duty of care, breach, damage, causation, other defences etc.

About two hours after you initially met with Bau, he drops over to your office and hands you a print-out of a common law case decided by a Nova Scotia Superior Court judge that he downloaded off of the internet. Bau tells you that the judge in this case decided that the City of Halifax did not owe a duty of care to a bicyclist driving on a private road. Bau says to you that you do not have to read this case, but asks you to include in your memorandum an explanation as to if an Ontario court would have to follow this precedent, along with an explanation as to why or why not. Bau is hopeful that this is all that it will take to have any claim made dismissed.

Picture Two Picture One 4. The bridge surface is made ofa tar and chip surface. The surface is such that if travelled over at a slow speed a vehicle or bicycle would not notice any \"bumps" and it would not impact steering and control. At a higher speed (e.g., above 45KM) a vehicle or bicycle would notice/identify the unevenness and roughness of the road and their vehicle would notice vibrations and it would impact the steering and control of the car or bicycle. 5. As a child, Shirley did not learn how to ride a bicycle. Since he was 4 years old Tom loved to ride a bicycle. Tom who lived in the BC area,regularly hiked through the various roads that run through the conservation area, including the roads where the accident described below took place. 6. August 5, 2023, was Shirley's birthday. As a \"surprise\" Torn purchased a "bicycle built for two" so that Tom and Shirley could bike together. Picture below taken by a friend on August 5. 10. 1'1. On August 5. 2023, the bicycle built for two, steered by Tom and peddled by both Tom and Shirley approached the bridge, drove over the bridge and Tom was unable to make the right hand turn on the other side of the bridge and hit both the sign and the rock. Tom died at the scene. Shirley was unconscious at the scene and was revived at the hospital. Shirley does not remember exactly what happened but told a police ofcer that investigated the accident that she felt that the road suddenly became \"bumpy and wobbly\" and that she said to Tom, \"try to stop". There was only one witness to the accident, Yusei Chapman, who had stopped at the bridge to have a smoke. Yusei told the investigating police ofcer that he saw the bicycle approaching the bridge and he heard the people on the bicycle shouting "woo hoo" or "yahoo" and that it was clear they were having fun. He said he noticed that Tom's head was down and that he was not looking ahead of the bicycle. He recalls that he thought at the time, "how are they going to stop?" A day after the accident, the investigating police officer, who is a regular biker and a member of the Peel Police Bicycle Unit, road his bike several times over the route taken by Tom and Shirley. He found the road generally smooth. He did note that when he rode his bike at a fast speed, he did encounter what he noted as "speed wobble". Shirley has retained a lawyer, Cavan Biggioo. Cavan has written to Bau in his capacity as legal counsel for Mississauga to give him notice that both the Estate of Tom and Shirley plan to sue only the City of Mississauga. The foundation of the claim is that the roadway on the bridge was too bumpy and caused Tom to lose control of the bicycle and that the City should have had more signs in place to warn of the bumpy roads and therefore was negligent. Biggioo notes that Tom did not \"stand a chance to respond to the City's breach of their duty" and the City was the direct cause of the death of Tom and all the injuries suffered by Shirley. Shirley is claiming damages of $10 million. In particular, she has said that since the death of Tom she has no interest in playing the violin and that the sound of music "makes her heart hurt." Exhibit One Information obtained regarding bicycle accident involving Mayzza and Springer Tom Mayzza, age 52 was employed in the accounting department of UTM. Tom does not have a professional accounting designation and earns $62,000 per year. Shirley Springer, age 33, is a violinist employed by the Mississauga Symphony Orchestra, earning a salary of $49,000 per year. Tom and Shirley have dated for 4 years and have lived together in a common-law relationship for 1 year. The Burnhamthorpe Conservation ("BC\") area of Mississauga is located near to the border of Mississauga and Toronto. The BC area has roads that run through it and are regularly driven by automobiles and individuals on bicycles or people just out for a \"pleasant walk-through nature\". The posted speed limit throughout the BC area is 40 KMlhour. One of the roads in the BC area crosses the Etobicoke Creek. The crossing is by way of an old bridge that was built in 1925. The bridge is a single lane and so vehicles on both sides of the bridge must observe its use and only proceed when \"the way is clear\". The bridge on one side is accessed by the road that follows a steep grade. On the other side of the bridge the road makes a very fast and sharp curve. At the location where the road makes the sharp turn, it is all "rock\". (when the road was constructed in 1923, the contractors used dynamite to create the road in this very rock area). Pictures are shown below. The rst picture shows the approach to the bridge. The second shows the bridge and the right turn ahead