Question

FACT PATTERN :

Farmer Umi owned a beautiful property just outside of a small town in northern Ontario. At the very back of his property, there was a trail that ended at his property line. He posted a sign “NO TRESPASSING, VIOLATORS ASSUME ALL RISK”. Despite this sign, people were running snowmobiles through his property all night long. Farmer Umi was fuming! He could no longer peacefully enjoy his land. He erected a barbed wire barrier, covered in brush at the edges of his property and had a bigger barrier inside his property. Samantha was operating a snowmobile and was able to avoid hitting the barbed wire barrier, but she slammed into the inside barrier. The snowmobile – out of control - crashed into Farmer Umi’s barn and started a fire. Samantha was severely injured from the crash. Farmer Umi started to put out the fire. When Samantha begged Farmer Umi to take her to the nearest hospital, Farmer Umi refused. Samantha was outraged and very hurt from the accident. Samantha held a dull knife to Farmer Umi’s throat, threatened him and forced Farmer Umi to give her the keys to his car and help carry her to the car. Samantha made her way to the hospital to be treated for her injuries. Farmer Umi was not successful in putting out the barn fire.

QUESTIONS:

(1) Identify all of the possible tort actions in this scenario. In your analysis, be sure to identify the tort, who can bring an action, and what elements of the tort need to be proven in order to be successful in each claim?

(2) For each claim, what defences can be raised and why?

(3) You are the judge. Choose one of the claims and prepare a decision that explains your reasoning?

Answer 1

1. All the possible tort actions in this scenario would be:

• Snowmobile crashed and damaged due to loss of control.
• Farmer Umi’s barn started a fire.
• And Samantha was severely injured from the crash.

Farmer Umi can bring an action against Samantha, and the element of the tort cou;d be; Samantha was operating a snowmobile around the Farmer Umi’s barn that should not be practiced by Samantha as farmer Umi posted a sign “NO TRESPASSING, VIOLATORS ASSUME ALL RISK.” Samatha’s move damages Farmer Umi’s barn as it started a fire.

2. For each claim, Samantha can defend herself by claiming that the trail was not visible as it was placed at the very back of Farmer Umi’s property.

3. As a judge for the given problem, one of the relevant claims would be the negligence of the trail by Samantha; therefore, a decision will favor Farmer Umi. Samantha should compensate for the loss of Farmer Umi’s property because Farmer Umi placed two barriers around the barn, and still, Samantha ignored them and enters into the barn.