Read the fact pattern below. Does Ms. Smith have a claim and if so, what is the nature of her claim. What do you think the outcome of the trial will be? Explain how you came to your decision.
1.Ms.Smith is a 69 year old retired woman who has lived in her two bedroom apartment for the past 30 years. In addition to her apartment, her lease also includes one underground parking spot and a locker.
2.. Ms. Smith is a compulsive shopper. She simply cannot resist a bargain. Over the years, she has accumulated an enormous quantity of goods which she stored in her apartment unit. The vast majority of the items were never removed from their packages.
3.Ms. Smith was able to hide her hoarding behaviour from other tenants, until a pipe burst in her apartment, and caused a flood in her apartment and in the apartment below her’s. After Mr. Johnson, the building manager, learned of the problem from the tenant below Ms. Smith he knocked on Ms. Smith’s door as he wanted to resolve the problem. He knocked several times, but there was no answer. He then entered her apartment with a master key.
4.Upon entry, he was shocked at what he saw. Boxes and bags were 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 in the master bedroom, turned off the water (which could only be turned off inside the apartment),wrote a note to Ms. Smith, and left.
5.Mr. Johnson was concerned that the amount of 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 unit 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 because of all of the goods in it. 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 British Columbia Court of Appeal. Your task is to decide whether the s. 2(1) of the Access to Abortion Services Act, RSBC 1996 conflicts with the Charter of Rights and Freedoms. If so, what should be done? If not, what should be done? Explain how you made your decision.
Section 2(1) of the Access to Abortion Services Act, R.S.B.C. 1996, c. 1 reads as follows:
2(1) While in an access zone, a person must not do any of the following:
(a)engage in sidewalk interference;
(d)physically interfere with or attempt to interfere with a service provider, a doctor who provides abortion services or a patient;
(e)intimidate or attempt to intimidate a service provider, a doctor who provides abortion services or a patient.
1.On December 24 2009, Mr. Asan and Mr. Nguen were outside the Everywoman's Health Clinic (the "clinic") in Vancouver. Both were within the access zone. Mr. Asan had a sign on which was printed "Abortion is Murder". He approached a clinic employee near the front door of the building and attempted to present her with some printed material which she refused to accept. He also had some interaction with other employees of the clinic near the entrance. Mr. Nguen was also within the access zone carrying a cross approximately nine feet in height. He too was carrying a sign similar to that carried by Mr. Asan. He spoke to at least one employee of the clinic.
2. Police arrived at the scene and asked the men to leave. They refused and were arrested and charged for violating the Access to Abortion Services Act.