Prepare a legal memorandum, a case summary chart (or case briefs) and a case comparison table.

From:	Francine Roach
To:	(Students in your team)
File:	Whittaker v National Capital Commission
File No:	110-05-2023
Date:	March 20, 2023

The firm has a new client, Alex Whittaker.On January 28, 2023, the client went fat biking on NCC trails with two of his friends. The trails were multi-use pathways located in Ottawa's West End. The client is 29 years old. After fat biking for about 30 minutes, the client left his friends and decided to go off-trail across what appeared to be a large field. Unbeknownst to the client, he was cycling over wetlands that were not completely frozen. Within a few minutes, the ice started cracking and his wheel started to sink.Because of his speed, he was thrown from the bike and suffered a broken collar bone, broken pelvis, and multiple bruises. He yelled for help and his friends arrived within a few minutes. His friends called 911 and first responders rushed the client to the Ottawa Hospital.

The NCC has over 100 kilometres of trails in the Ottawa area. The entrance to the trails have maps and warnings advising users to stick to the marked trails. The trails themselves have markers on trees to help guide those using the trails.Full maps are available online with details about the length and features of each trail. Some trails have restricted use, but others are multi-use pathways that can be used for hiking, walking, skiing, snowshoeing, biking, and fat biking in the winter.

The trail taken by the client had signage at the entrance. The signage included a warning about coyotes, a warning not to feed the wildlife, a warning to stay on the marked trails, and a map of the trails.No warnings were provided about the presence of wetlands or swamps, nor about the dangers posed by these wetlands or swamps. On the trails, trees had markers to guide users.

The client wants to launch a personal injury action against the NCC. To properly advise him, I want you to research three questions.

1. For multi-use public trails, is the NCC's applicable standard of care under the Occupiers' Liability Act(OLA) governed by s 3(1) or s 4 of the OLA?
2. Is the fact that the client ventured off the marked trails relevant to determining the appropriate standard of care?
3. If the section 4 OLA standard of care applies, would the lack of wetland signage amount to acting with "reckless disregard" of a person?

Though I may need you to research the issue of contributory negligence at a later date, I am not asking you to address this issue in your legal research memorandum.For purposes of this legal research memorandum, you do not have to research any additional law apart from the sources listed below. Please note that some of the information below may be incorrect. Make sure to note-up the cases to ensure they are still good law.

1. Ontario Occupiers' Liability Act, ss 3 and 4.
2. Pierce v Hamilton (City of), [2013] OJ No 4693 (QL).
3. Cotnam v National Capital Commission, [2013] OJ No 4477.
4. Schneider v St. Clair Region Conservation Authority (2007), 89 OR (3d) 150 (Sup Ct J).

To support your reasoning and allow a clear understanding of your research, I want you to provide:

• a very brief summary of each case (You can use the chart in the file or provide a separate case brief for each case.), and
• a case comparison table, and
• a legal research memorandum in the standard format.(Given the limited law you are asked to review, though you may combine the law under one heading, your discussion and conclusion should be separated by issue - each issue should be a sub-heading under these topics.)

Answer rating: 100% (QA)

Case Summary Chart Case Name and Citation Summary Pierce v Hamilton City of 2013 OJ No 4693 QL In this case the court discussed the standard of care under the Occupiers Liability Act OLA Section 31 re... View the full answer