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This better but please revise in order to raise it to an A category. In particular consider the notes in the
paper.
Group Members
Judith Ellingsgaard, Michèle Elsen, Cortney Ganes, Anastassia Martynova
PRIM IRWIN, a child by her next friend, [Parents Name], in her personal capacity,
Plaintiff
v.
AMANDA BALLARD, a child by her next friend, [Parents Name], in her personal capacity,
Defendant
and
and
SCHOOL PRINCIPAL, Trudeau High School and OKATOKS SCHOOL DISTRICT, Defendants
(1) Ballard: As the registered owner and operator of the vehicle Ballard had a duty of care to her
passenger1. Ballard was aware that the vehicle had an inoperative seatbelt on the passenger side and
was instructed by her parents to not let anyone ride in the front passenger seat until it could be
repaired2. On the day of the accident, Ballard allowed Irwin to ride in the front passenger seat with
the inoperative seatbelt; thus, failing to meet a proper standard of care for her passenger.
Furthermore, Ballard failed to report the seatbelt malfunction to her teacher, Waterman, during a
vehicle inspection before travel3. By allowing Irwin to ride in the front passenger side of the vehicle
without wearing a properly functioning seatbelt, the likelihood (causality) of injury or possible death
in the event of an accident was foreseeable (reasonable). However, even if the seatbelt was flawed,
what else did Ballard do – as stated by a third party – which precipitated the accident? Please
As a passenger, Irwin suffered catastrophic injuries and damages in the vehicle accident that
occurred on Tuesday, June 9, 2001 at approximately 3:05 pm. As the result of the accident, Irwin is
a quadriplegic and additional damages in tort may include not only pain and suffering, but also
LT1 Law Assignment: Option 1 – An Unfortunate Accident 3
Ellingsgaard, Elsen, Ganes, Martynova
substantial increases in the costs of assisted living, loss of opportunity (i.e., future loss of income and
employment opportunities).
Based on the findings we find the defendant, Ballard, liable for negligence. The defendant provides
(2) Waterman: As the supervising teacher, Waterman failed to provide duty of care in accordance with
The School Act Sections 18(1) and 45(8). The accident took place as Ballard was driving back to
the school with Irwin following a high school physical education activity at Marabelle Resort Golf
Course, which is located outside of the town limits of Okatoks. Proper standard of care was breached
when Waterman failed to follow CORRECT the School District Administrative Policy
as school representatives, except to use local facilities within the town or village
Higher risk is associated with highway driving that is inherently dangerous – even more so when the
driver is an inexperienced 16-year-old. Had Waterman properly followed School District Policy the
accident, which occurred on Highway 30 outside of town limits, would not have happened.
Consequently, proper standard of care was breached and the likelihood of injury or possible death in
(3) School Principal, Trudeau High School, Okatoks School District: The Principal of the school,
[Principal’s Name], failed to provide duty of care in accordance with School Act Sections 20 and
45(8). It is within the duty of care of the principal to be aware of the activities occurring within
school hours, especially when the activities are field trips occurring at an off-campus location. The
LT1 Law Assignment: Option 1 – An Unfortunate Accident 4
Ellingsgaard, Elsen, Ganes, Martynova
School Principal failed to keep in force the School District Administrative Policy Transportation
No secondary school student, irrespective of age, may drive a private vehicle transporting
representatives, except to use local facilities within the town or village boundaries for
Had the School Principal enforced school policy, the accident, which occurred on Highway 30
outside of town limits, would not have occurred during a school sponsored event during regular
school hours. Consequently, according to Section 60(1) of The School Act, the Principal and
Okatoks School District are vicariously liable and proper standard of care was breached.
Based on the findings we find the defendant, [Principal’s Name] and the Okatoks School District,
liable for negligence. State the basis for the liability of the board and cite the appropriate section of
the Act. The defendants provide a defense stipulated in section (3) below.
(4) Irwin: As a passenger, Irwin had a duty of care to herself. When she became aware of the
inoperative seatbelt on the passenger side, Irwin had a personal responsibility to remove herself as a
passenger from that vehicle. Consequently, proper standard of care to herself was breached,
CORRECT – What else did she do which compounded the likelihood of injury?and the likelihood of
injury or possible death in the event of an accident was foreseeable (reasonable). Based on the
It is worth noting that since Irwin is a student, volenti non fit injuri cannot be used as a defense (i.e.,
when a child is injured). Volenti cannot be used against a teacher - but what of another person who
LT1 Law Assignment: Option 1 – An Unfortunate Accident 5
Ellingsgaard, Elsen, Ganes, Martynova
is not a teacher?
Since the accident occurred in 2001, the defendants may plead the Limitations Act Section 3(1)
GOOD as a defense if the plaintiff did not seek a remedial order within two years after the date that:
(i) that the injury for which the claimant seeks a remedial order had occurred,
(ii) that the injury was attributable to conduct of the defendant, and
(iii) that the injury, assuming liability on the part of the defendant, warrants bringing a
proceeding,
or
The defendants, on pleading this Act as a defense, may be entitled to immunity from liability in
_________________________
1
According to Aberta's Traffic Safety Act "the law requires all occupants traveling in a vehicle to wear a
seat belt, and it is the driver’s responsibility to ensure that all passengers under the age of 16 years are
properly restrained in the vehicle". Irwin's age at the time of the accident was not disclosed.
LT1 Law Assignment: Option 1 – An Unfortunate Accident 6
Ellingsgaard, Elsen, Ganes, Martynova
2
Ballard’s parents had made an appointment to have the inoperative seatbelt repaired.
3
Ballard's vehicle, a 1999 GMC Envoy, was two years old at the time of the accident. Ballard and Irwin
travelled to the physical education event earlier that day without incident, and no safety concerns or
vehicle faults were reported to Waterman by Ballard or Irwin during vehicle inspection. Consequently,
Waterman provided adequate standard of care with regards to vehicle safety inspection.