Nelson v. Marchi

https://www.canlii.org/en/ca/scc/doc/2021/2021scc41/2021scc41.html

Use the case above to answering the following questions below:

1) What is the level of court that decided the assigned case?

a. British Columbia Court of Appeal

b. Ontario Court of Appeal

c. Supreme Court of the United States of America

d. Supreme Court of Canada

2) Who are the authors of the decision?

a. Ginsberg and Scalia

b. Karakatsanis and Martin JJ.

c. Wagner and Moldaver

d. Abella and McLaughlin

3) The assigned decision was an appeal from which Court of Appeal

a. Fifth Circuit Court

b. Ontario

c. British Columbia

d. Manitoba

4) Accountability for public policy decisions made by government authorities that may harm the public is found in the:

a the court of public opinion

b the media

c ballot box, not the court

d court, not the ballot box

5) Types of government decisions defined as this, must be shielded from liability in negligence.

a) bureaucratic whims

b) core policy decisions

c) eligibility determinations

d) administrative decisions

6) The court identifies four factors from SCC jurisprudence that help in assessing the nature of a government's decision. Each of the following is one of those factors except:

a) the process by which the decision was made;

b) the level and responsibilities of the decision-maker;

c) the subjective nature of the decision

d) the nature and extent of budgetary considerations;

7) The respondent, Taryn Joy Marchi, was injured while attempting to cross this terrain feature, created by the appellant, the City of Nelson, British Columbia.

a) a snowbank

b) a rope bridge

c) a grassy knoll

d) a bicycle trail

8) The parties agreed that as a result of her injuries, the plaintiff, Ms. Marchi sustained damages in the amount of:

a) five hundred thousand dollars

b) one hundred thousand dollars

c) ten thousand dollars

d) one million dollars

9) The foundation of the modern law of negligence is this principle, established in Donoghue v. Stevenson:

a) the nonfeasance principle

b) the butterfly effect

c) the misfeasance principle

d) the neighbour principle

10) In determining whether a duty of care exists in a novel situation where negligence may be claimed, a court will first consider whether the harm was a reasonably foreseeable consequence of the defendant's conduct, and :

a) whether there has been conduct by the plaintiff that abrogates recovery

b) whether there is causation in fact established on a balance of probabilities

c) whether there is a breach of the standard of care based on a standard of reasonableness

d) whether there is "a relationship of proximity in which the failure to take reasonable care might foreseeably cause loss or harm to the plaintiff"