Aiden is 19 years old. he is invited to a party celebrating the 20th birthday of his best friend, Darius, at Darius parent’s house.
Aiden is 19 years old. he is invited to a party celebrating the 20th birthday of his best friend, Darius, at Darius parent’s house. Darius parents are aware that Darius is planning a party they have made plans to spend the weekend at their cottage in the kawarthas. before leaving, his mom instructed Darius not to let anyone in the house except to use the downstairs washroom, not to allow anyone to drink and drive, and to clean up the mess before she got back. The party takes place on the back patio it is a warm spring evening. Aiden plans to go cycling the next day, so he switches to soda after a couple of beers. most of the others are drinking beer and shots. around 10:30 p.m. some rough housing starts in the course of which Aiden is pushed and shoved violently by Hayden. Aiden stumbles over a loose brick on the patio, twist his right foot, and falls on his elbow. his elbow hurts, and his right foot is extremely painful. Darius has to help him get up, and then support him while he hops on his good leg to a chair. Darius calls adian’s mother who drives over and picks up Aiden and takes him to the emergency room. The doctor tells him he has a broken ankle. it will take 8 weeks to heal and another month or maybe longer before he regains full use of his ankle. Aiden has to give up his summer job as camp counselor. he is a fanatical cyclist and this will be the first time in 5 years that he’s unable to go cycling with his buddies. he is furious, all because of a loose brick and a drunk he complains to Darius.
a) if Aiden were to commence a plaintiff’s claim in small claims court who would you advise him to name as defendants? When answering this question please consider who contributed to the harm.
b) what damages might Aiden claim in the matter?
c) are there any issues that a defendant in Aiden’s claim might raise against him?
(Ontario small claims court)
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