Case Assignment [Negligence] – BUSM 1285
Kralik v. Mount Seymour Resorts Ltd. 2008 BCCA 97, 78 B.C.L.R. (4th) 313. https://www.canlii.org/en/bc/bcca/doc/2008/2008bcca97/2008bcca97.html?resultIndex=2
This assignment requires you to read the case carefully and, in no more than 3 pages, single spaced, typed, 12 point, Times Roman font:
1. Identify the parties to the action/lawsuit- distinguish the plaintiff from the defendant (appellant or respondent at the appeal level);
2. Summarize material facts in the case: Provide a brief description, in your words, of what happened to give rise to the dispute between the parties. Only the facts necessary to support the end decision and decided the questions the court is being asked to decide should be included under this part;
3. Identify the issues in the case. These are legal questions that the court must consider or is being asked to decide in the case. E.g. Was the Defendant negligent and caused the motor vehicle accident?
4. Describe the decision. This is the court’s decision, either in favour of or against the Plaintiff or defendant, or in the case of an appeal, in favour of the appellant or respondent.
5. Provide a summary of the Reasons for the Court’s decision on each issue. This is a very important part of the judgment as it will set out also the legal principles established by the case that will be binding on lower courts under the principle of stare decisis and require the lower courts to follow the decision in a similar type of case in the future.
6. Your opinion: The most important part of the assignment is your opinion of the decision and reasons of the Court. Do you agree or disagree with the Court’s decision? Explain why you agree or disagree. Use materials in your readings, audio lectures, live check-in class sessions, and/or PowerPoints to explain your reasons.
You may have short subheadings for each section: Parties, Facts, Issues, Decision, Reasons, and My opinion.
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