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LAW 2003 Assignment 1 (Winter 2012)

1. Brief the following case: Ragoonanan v. Imperial Tobacco (from pages 587 to 595 of the Ontario Reports) on the document attached online. It’s on page 110 to 118 of the Adobe document I posted online. The mark breakdown is as follows (10 marks):
• 1 mark = for identifying the parties as Plaintiff and Defendant
• 1 mark = for identifying the court level
• 2 marks = for a summary of the legally relevant facts
• 2 marks = for identifying the issue(s)
• 1.5 marks = for identifying the holding
• 2.5 marks = for identifying the Judge’s reasoning or ratio

2. Given the following hypothetical situation.

A is a student at George Brown. One day, A was walking to his Business Law class and as he was approaching the corner of Jarvis and Adelaide he was attacked by three dogs who bit him on his neck, legs and face. The three dogs were owned by B. C was also walking to the same class and saw this event. C is terrified of dogs, and had a nervous breakdown which caused her to suffer a heart attack.

As C suffered a heart attack, Dr. Nick Riviera was walking by and felt he should help. Dr. Nick is not a heart specialist but he knows CPR and basic things a General Practitioner knows. Dr. Nick then decided that C’s heart was going to explode and got out his pocket knife, made an incision in C’s upper chest and went to work.

Unknowing to Dr. Nick, Dr. Hibbert was walking by as well. Startled by the site of Dr. Hibbert, Dr. Nick drew back the pocket knife which flew out of his hand, got caught by a small gust of wind, did about one thousand flips and spins and impaled one of the dogs. The dog died instantly.

Dr. Hibbert again is not a heart specialist but he knew that this wasn’t the right thing to do... he sewed C up and called an ambulance. Through this entire kerfuffle C caught an infection from the incision. The infection spread throughout C’s body very quickly. He ended up getting the flesh eating disease which resulted in him getting his pectoral muscles amputated.

Identify the tort liabilities associated with the above-mentioned fact pattern. State the appropriate legal test and how the facts apply to it (10 marks).

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