cases

• Athey


  Had a long history of back problems
• First car accident


  • Suffered back and neck injuries
• Second car accident


  • Suffered a herniated disk in his back
• Athey's previous back problems

  Contributed to the injury
• The trial judge found that the accidents had contributed in some degree to the injury, but had not proven that they were the sole cause of the herniated disk</b>
• The trial judge awarded Athey only 25 percent of the total amount
• Athey appealed the decision

  The case went to the Supreme Court of Canada
• Thin skull rule


  The defendant must "take their victim as they find him"
• The Supreme Court awarded Athey the full $221 516.78 plus all court costs and interest payments
• Alice Clark


  • Subjected to sarcastic and sexist remarks by her male colleagues
  • One colleague told her she was not a 'real woman' until she'd had a child
  • Other members called her a 'butch' and watched pornographic movies in the common work area while she was present
  • Found a pair of plastic breasts taped to her workstation with her regimental number pinned to them
• Clark complained to her superiors, but no action was taken against her colleagues
• In 1989 Clark's health deteriorated to the extent that she experienced mental and emotional crisis-this led to her resignation from the RCMP
• Clark sued her employer for "wrongful dismissal", "negligence", and the "infliction of nervous shock or mental suffering"
• Clark won her case and was awarded $93 000 in damages
• The Federal Court stated that the conduct of her colleagues and superiors was "extreme' and "supported the plaintiff's claim for intentional infliction of nervous shock"
• Carl Baker and Nora Blodgett


  • Lived together in a common-law relationship for 18 years before deciding to separate in 1999
• The judge ordered an equal division of most of their basic assets, but decided that each of the parties should retain their own vehicles and their Retirement Savings accounts
• Carl Baker's Retirement Savings account was valued at $42 000 and his vehicle was valued at $18 500. Nora Blodgett's Retirement Savings account was worth $20 000 and her car was estimated to be worth $1 500
• The judge ruled that they had specifically built-up separate Retirement Savings portfolios in the event of a breakdown of their relationship, so neither party was entitled to a share of the other's retirement savings
• Ms. Blodgett appealed the decision, but the B.C. Court of Appeal rejected her appeal and upheld the original ruling
• Moondance Northwest Resorts


  • Hosted a competition in which a two-person team raced down a steep hill in an inner tube
  • The prize was $2000
• Mr. Crockett paid the $50 entrance fee and signed the entry form, without reading it
• The entry form contained a clear waiver clause that fully indemnified the resort from all injuries
• Crockett was visibly drunk at the beginning of the first race
• The owner of Moondance asked Crockett if he was in any condition to compete but did nothing to stop him
• During the second race, Crockett suffered a serious neck injury and was rendered quadriplegic from that injury
• Crockett sued the ski resort for negligence
• The trial judge awarded Crockett 75 percent of all damages, but the Ontario Court of Appeal overturned this decision and found that Moondance resort was not liable at all
• The Supreme Court found that Moondance resort was in breach of the duty of care it owed Crockett and was therefore liable for damages, but upheld the finding that Crockett himself was still 25 percent liable