Peeves v. Matrix Sand and Gravel Ltd. case study

Peeves v. Matrix Sand and Gravel Ltd.
FACTS
On October 7, 2020, Keanu Peeves, age 16 was riding his dirt bike (Suzuki RM100) at the
gravel pit (called “the Pits”) alone. He recalls that he rode his bike at about 10
kilometres per hour in second gear to the top of a gravel cliff along the flat path that
followed the crest. He was sitting on his bike and walking it with his feet. It was his
intention to see from the top of the hill whether any of his buddies were in the sand
piles below. When Keanu got to the top of the hill, however, there was nothing there,
and he could not stop, so went straight down off the cliff about 15 to 20 feet to the
ground. The hill had suddenly dropped because the owner of the pit, Matrix Sand and
Gravel Ltd. had removed half of the hill earlier that day. It was known to everyone that
sometimes the terrain changed at the Pits, with hills disappearing week to week because
of gravel operations.
Keanu has been riding his dirt bike since he was 9 or 10 years old and at the time of the
accident was a member of his school’s motor cross team. He often rode at the Pits with
lots of other kids, and at least 200 times before, including at the hill and the sand pile
where the accident happened. The worker at the Pits, Cypher Mouse, never said
anything to him or his friends about riding there. On the rare occasion when the old
owner was on site, he would yell at the kids to get off his property in a general way but
didn’t do anything else.
Keanu sustained a fractured right arm (dominant) with resulting nerve damage requiring
surgery and ongoing therapy, although he has skipped a number of his treatment
sessions as he is often tired and the clinic is far from his home. He cannot raise his right
arm above mid-chest level and he has difficulty completing school work. He has failing
grades at his high school, Wick Academy, although his grades were just above failing
before the accident. He has also not ridden his dirt bike since the accident nor
competed in any motor-cross events. His school coach, Trinity Switch, had told him he
was a real strong competitor who could have gone far in the sport. His friends, including
best friend, Neo Dozer, have told him he was one of the best riders they had ever seen at
the Pits.
Matrix Sand and Gravel Ltd. is a corporation that has been around since the 1970s,
leasing land near the Toronto Matrix Docks from Ontario Hydro. The company dredges
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the bottom of the Matrix River, taking out large quantities of sand mixed with water.
After the sand dries and settles in big high piles, it is transported and then sold to
buyers. There were “Private Property – No Entry” and “No Trespassing” signs around
the boundaries of the gravel site that had been there for years. There were also gates
blocking the road entrances to the Pits.
Keanu has brought a Small Claims Court action in negligence against Matrix Sand and
Gravel Ltd. for the injuries he sustained on October 7, 2020.
PART I – CASE THEORY
Developing a theory of the case will be the single most important thing you do. This
must be developed early and will serve as your blueprint from which you will construct
your case. Dumping all the facts and law to the court will simply overwhelm, confuse or
obscure the important matters. It is your job to sort the information before trial,
organize it, simplify it, and present it in an understandable way that explains what
happened and why and also why your client is entitled to a favourable verdict. This is
the goal of your case theory. A case theory consists of:
● Factual Theory (sequence of key events supporting your theory)
● Legal Theory (the proper legal outcome of the case – the law entitling your client
to success in the lawsuit)
● Persuasive Theory (why your client should win as a matter of fairness and/or
justice – the emotional content of your case)
1. Outline your case theory for the plaintiff, Keanu Peeves, in at least 4 to
8 sentences (4 MARKS).
2. Outline your case theory for the defendant, Matrix Sand and Gravel
Ltd., in at least 4 to 8 sentences (4 MARKS).
PART II – ELEMENTS OF PROOF CHART
A trial is not a presentation of every fact and every remotely possible piece of evidence
or legal argument. It is important to determine what material facts/elements will be
necessary to establish each claim/defence.
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3. Outline three (3) material facts/elements of case you need to establish
for Keanu Peeves and an exhibit/piece of evidence that could be
tendered to support that material fact/element, as well as how that
particular piece of evidence could be admitted at trial (2 MARKS EACH
– TOTAL 6 MARKS):
MATERIAL FACT/ELEMENT OF
CASE
POSSIBLE EXHIBIT/EVIDENCE
TO BE TENDERED
HOW/WHO WILL INTRODUCE IT
1. 1. 1.
2. 2. 2.
3. 3. 3.
4. Outline three (3) material facts/elements of case you need to establish
in Matrix Sand and Gravel Ltd.’s defence and an exhibit/piece of
evidence that could be tendered to support that material
fact/element, as well as how that particular piece of evidence could be
admitted at trial (2 MARKS EACH – TOTAL 6 MARKS):
MATERIAL FACT/ELEMENT OF
CASE
POSSIBLE EXHIBIT/EVIDENCE
TO BE TENDERED
HOW/WHO WILL INTRODUCE IT
1. 1. 1.
2. 2. 2.
3. 3. 3.
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GRADE CRITERIA:
❖ The total marks are out of 20. The percentage value for this
assignment is 15%.
❖ The assignment will be marked for clarity, critical thinking, case
assessment/evidentiary considerations, as well as structure; spelling;
punctuation; and grammar.
❖ This assignment is to be completed and turned in on an INDIVIDUAL
BASIS with no collaboration or group effort between students.
Assignments are to be submitted through Blackboard Ultra SafeAssign.