Read the fact pattern below. Does Ms. Smith have a claim(s) and if so, what is the nature of her claim.
If the case goes to trial, what do you think the outcome of the trial will be? Explain how you came to
1. Ms. Smith is a senior who has lived in her apartment for the past 30 years. Her lease also includes
a locker and a parking spot.
2. Ms. Smith is a compulsive shopper. Over the years, she has accumulated an enormous quantity
of goods which she stored in her apartment unit. Most of the items have not been removed from
3. Ms. Smith was able to hide her hoarding behaviour from other tenants, until a pipe burst in her
apartment, causing a flood in her apartment and in the apartment below. The tenant in the
apartment below Ms. Smith’s complained to the building manager, Mr. Johnson, about the flood
and Mr. Johnson entered Ms. Smith’s apartment after knocking several times and not receiving
4. Upon entry, he was shocked to see boxes and bags piled from the floor to the ceiling in all of the
rooms. It was virtually impossible to move about in the apartment. He eventually located the burst
pipe, turned off the water (which could only be turned off inside the apartment), wrote a note to
Ms. Smith about what had happened, and left.
5. Mr. Johnson was concerned that the boxes and bags in Ms. Smith’s apartment were a fire hazard.
6. When Ms. Smith returned to her apartment later that evening, she discovered the note left by Mr.
Johnson and immediately went to his apartment to see him. She was very distraught at the time,
apparently because of embarrassment over the state of her apartment. Mr. Johnson told her
about his concern that her apartment was a fire hazard. He also told her that he had an extra
locker available, Ms. Smith reluctantly agreed to move some of the goods into both lockers. Mr.
Johnson said he would move the goods for her.
7. About one month later, there were several break-ins in the locker area. The break-ins occurred
while Mr. Johnson was moving Ms. Smith’s boxes into the locker area. Mr. Johnson did not tell
Ms. Smith about the break-ins or about the goods that had been stolen from other lockers. Nor
did he tell her that there was a possibility that goods had been stolen from her lockers.
8. Ms. Smith discovered that her goods were missing several months later. Ms. Smith was able to
recover the maximum allowable from her insurance company, but she estimated that there was
an additional $30,000.00 worth of goods that were missing.
Read the fact pattern below. You are the judge at the Ontario Court of Appeal. Your task is to
decide whether the provisions in the Criminal Code conflict with the Charter of Rights and
Freedoms. Explain how you made your decision.
In August, 2015, Jerry Garcia opened, “Jolly, Jolly”, a video store in Toronto, Ontario. The shop sells
and rents “hard core" videotapes and magazines as well as sexual paraphernalia. There is a sign
outside the store that reads:
"Jolly Jolly is a private members only adult video/visual club.
Notice: if sex oriented material offends you, please do not enter.
No admittance to persons under 18 years.”
In early September, 2015, Toronto Police entered Jolly Jolly with a search warrant and seized all the
inventory. Mr. Garcia was charged with three counts of selling obscene material contrary to
s. 163(2)(a) of the Criminal Code, R.S.C. 1970, c. C-34, 41 counts of possessing obscene material
for the purpose of distribution contrary to s. 163(1)(a) of the Criminal Code , 128 counts of
possessing obscene material for the purpose of sale contrary to s. 163(2) (a) of the Criminal
Code and one count of exposing obscene material to public view contrary to s. 163(2) (a) of
the Criminal Code .
163 (1) Every one commits an offence who
(a) makes, prints, publishes, distributes, circulates, or has in his possession for the purpose
of publication, distribution or circulation any obscene written matter, picture, model,
phonograph record or other thing whatever; or
(b) makes, prints, publishes, distributes, sells or has in his possession for the purpose of
publication, distribution or circulation a crime comic.
(2) Every one commits an offence who knowingly, without lawful justification or excuse,
(a) sells, exposes to public view or has in his possession for such a purpose any obscene
written matter, picture, model, phonograph record or other thing whatever;
(b) publicly exhibits a disgusting object or an indecent show;
(c) offers to sell, advertises or publishes an advertisement of, or has for sale or disposal, any
means, instructions, medicine, drug or article intended or represented as a method of causing
abortion or miscarriage; or
(d) advertises or publishes an advertisement of any means, instructions, medicine, drug
or article intended or represented as a method for restoring sexual virility or curing
venereal diseases or diseases of the generative organs.