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Ontario legislation:  You work as a litigation clerk in a large law firm in Ottawa

Law

  1. Ontario legislation:  You work as a litigation clerk in a large law firm in Ottawa.  A client of the firm suffered serious permanent injuries in a car accident. The client had been drinking and gambling at a casino in Eastern Ontario.  At around midnight, the client was kicked-out of the casino because he was drunk.  He got into his car, attempted to drive home, and while on the highway, slammed into a guardrail.  The casino is owned and operated by the Ontario Lottery and Gaming Corporation (OLG), an Ontario Crown Corporation.  The client plans to sue the OLG in negligence for breaching its duty of care to the client in failing to take reasonable steps to ensure the client got home safely. The client is also considering adding the Ontario provincial government as a defendant given that the government created the OLG.  Pursuant to the Ontario Crown Liability and Proceedings Act, 2019, is the Ontario government liable for torts committed by Crown corporations?  Be specific and explain your answer. Cite and pinpoint to the relevant statutory provision, subsection, and paragraph.  (2 marks) 

 

2.  Ontario legislation:  Several residents of a municipality feel they have suffered because of the City's decision to ban the spraying of weeds in public parks.  All of these residents suffer from severe hay and weed allergies.  One resident is interested in knowing if a class action can be commenced to sue for damages on behalf of all hay and weed allergy sufferers within the city limits.  Pursuant to the Ontario Class Proceedings Act, 1992 can class proceedings be commenced in Small Claims Court? Be specific and explain your answer.  Cite and pinpoint to the two relevant statutory sections and subsections that answer this question.  (2 marks)

 

3.  Ontario legislation:  You work as a litigation clerk in a large law firm in Ottawa.  A client of the firm was injured when she slipped on the floor of a building owned and controlled by the Government of Ontario.  The floor was slippery because an employee had spilled a large coffee on the floor.    The employee did not clean-up the spill, nor report the matter to the building janitor. The client wants to sue the provincial government and its employee in negligence.  You are asked to research some procedural issues in preparation for the tort action.  Pursuant to the Ontario Crown Liability and Proceedings Act, 2019, how should the Crown be identified on the Statement of Claim (identified in the proceeding against the Crown) and how can the firm carry out personal service of the Statement of Claim on the Crown (where should they send the document)? Be specific and explain your answer. Cite and pinpoint to the two relevant statutory sections.  (2 marks)

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