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Duty of Care and Negligence. Alex Bradley, Fraser Turner, Sarah Arnold, Laura Holt and Courtney MacPhail. THORNTON et al. v. BOARD OF SCHOOL TRUSTEES OF SCHOOL DISTRICT No. 57 et al. British Columbia Supreme Court 1978. Questions Before the Court.

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Duty of care and negligence

Duty of Care and Negligence

Alex Bradley, Fraser Turner, Sarah Arnold, Laura Holt and

Courtney MacPhail


THORNTON et al. v. BOARD OF SCHOOL TRUSTEES

OF SCHOOL DISTRICT No. 57 et al.

British Columbia Supreme Court

1978


Questions before the court
Questions Before the Court

Does Edamura have any reason to believe that Gary Thornton contained a high degree of proficiency in the gymnastics he was performing?

Was the equipment determined to be reasonably safe for the purpose for which it is intended and was it suitably arranged?

Did Edamura provide an adequate duty of care to act as the "careful parent of a large family" -- a concept adopted almost universally since Williams v. Eady (1893), 10 T.L.R. 41.

Was Gary Thornton contributorily negligent?


Myers v peel county board of education supreme court of canada june 22 1981

Myers v. Peel County Board of Education

Supreme Court of Canada

June 22, 1981


Questions before the court1
Questions Before the Court

Whether or not the equipment (mats) were adequate?

Whether or not supervision was adequate?


Bain guardian ad litem of v calgary board of education alberta court of queens bench june 3 rd 1987

Bain (Guardian ad litem of) v. Calgary Board of Education

Alberta Court of Queens Bench

June 3rd, 1987


Questions before the court2
Questions Before the Court

  • Did the defendant teacher owe a duty of care to the Plaintiff?

  • If a duty of care existed, what standard of care was required and was the standard met?

  • Did the failure to meet the standard of care cause the harm suffered?

  • Did the Plaintiff voluntarily accept the risk? (volenti defense)

  • Was the Plaintiff contributorily negligent?


Fraser v campbell river school district no 72 supreme court of british columbia november 1 st 1987

Fraser v. Campbell River School District No. 72

Supreme court of British Columbia

November 1st1987


Questions before the court3
Questions Before the Court

  • Did Mr. Lawrason expose the boys to an undue risk of harm?

  • Could Mr. Lawrason have anticipated that injury might occur?

  • Could Mr. Lawrason have anticipated the dive?


Mainville v ottawa board of education and maclean ottawa small claims court february 2 nd 1989

MAINVILLE v. OTTAWA BOARD OF EDUCATION AND MACLEAN

Ottawa Small Claims Court

February 2nd, 1989


Questions before the court4
Questions Before the Court

Was there a duty of care owed by the school authorities to provide supervision of its students?

Did the school breach that duty of care by not providing supervision?

Was such a breach of duty the sole cause of the plaintiff’s son’s injuries?


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