The criminal cases and lawsuits in Canada

Running Head : Negligence in Canada
NEGLIGENCE IN CANADA
Name of the student
Name of the university
Author note

Negligence in Canada1
The criminal cases and lawsuits in Canada hinge on the notion of negligence. It is notably
the laws regulating the personal injury as one party to the suit is claiming from another who
commits or does not commit any act which causes harm or damage. It is considered that
individuals owe a duty of care to guarantee that the act does not cause other individuals' risk of
harm or injury which is unreasonable (Smythe, 2015). This is designated as the duty of care in
the law of Negligence, and if someone breaches the same, it amounts to offensive acts. In
Brandon's case, he along with his friends, went on riding at Hoof Hearted Adventures. Brandon
was planned to meet friends at Hoof Hearted in the evening but he arrived late. In a hurry, he
signed a waiver of liability agreement which is handled by one of the employees of Hoof
hearted. According to the agreement, Brandon forfeits his rights to bring action against Hoof
Hearted even in case of negligence (Surmanski, 2016).
The five elements required to be satisfied to bring the prima facie case under the law of
negligence. Firstly the establishment of legal obligations for exercising reasonable care.
Secondly, failure in the exercise of care which is reasonable. Thirdly causation of physical injury
by the act of negligence. Fourthly cause physical damage in the manner of damage which is
actual. Fifthly, the proximate cause which shows that the physical harm is within the ambit of
liability.
The waiver of liability is legal documentation by which an organization or company
practice get signed by the customer for safeguarding them from being prosecuted in case the
customer sustain harm or injury due to the negligent act of the company. The liability waiver
agreement acts as a shield to the party who is signing to it. The people who are signing the
agreement before taking part in an act hastily put signature without the concept of potential

Negligence in Canada2
consequences of waiving the liability. By signing the agreement the waiver of liability of service
provider, the signing party assenting not to hold the responsibility of service provider for harm
which may be sustained as a consequence of negligence which may be either gross or ordinary.
In Brandon's case, as he signs the waiver of liability the defense of Hoof Hearted Adventures is
that they absolve from all forms of liability which also includes the case of negligence.
Moreover, as it is stated in the agreement that the Brandon signing it voluntarily, disentitling
him from raising the defense that the act is done under compulsion or some form of inducement.
Brandon can claim the compensatory damages for the actual loss that he sustained due to
the wrongful act of the plaintiff. The Canadian Supreme court holds that the principles that
underline in the structure of damages which is awarded in case of negligence by the defendant
are that the fair compensation should be received by the plaintiff which place him in a position as
the tortious act does not commit which can be attained by the financial award.
In deciding on the judgment in the case of negligence it is instructed to juries to make the
comparison in testimony, facts, and evidence in identifying whether all requisite five elements
are satisfied. The five pieces of evidence of negligence are duty, breach of care, cause, in fact,
proximate cause and damages. All these abovementioned elements are relevant in determining
the case of negligence and burden lies upon the plaintiff to prove that all evidence is present in
the situation.