Question

The Martins (Mack and Minnie) own a lovely house in rural BC. One summer, they hired two local young people (Tad and Shamir) to help with some landscaping. Tad was especially impressed when he saw the Martin property and asked if he could hang out there from time to time. Mack and Minnie explained that they valued their privacy, and that Tad and Shamir could only attend on the property in order to effect the landscaping work. The day after hiring Tad and Shamir, the Martins’ ATV was stolen. In the middle of the night, someone broke in to the shed where it was kept and drove off with it. Mack Martin immediately suspected Tad and Shamir.

Instead of contacting the police (who Mack felt never play “hard ball” with thieves), Mack decided he would scare Tad into telling him where the ATV was hidden. Without telling Tad about his suspicions, Mack called Tad and asked him to come back to the Martin residence to discuss more landscaping jobs.
When Tad came to the house, Mack (who was twice as big as the willowy young person Tad) immediately confronted him. Mack demanded that Tad admit he stole the ATV and show him where it was hidden. Initially Tad denied knowing anything about the ATV, but when Mack began pounding his fist into his hand and yelled “If you don’t admit what you did, I’ll knock you in to next year!”, Tad broke down crying and admitted that he and Shamir had stolen the ATV.
Tad he said he couldn’t show Mack where he hid the ATV was because it was deep in the bush. Mack, who was the owner and director of a crop dusting business, Martin Aerial Services Incorporated (MASI), said “No problem, you’ll show me from the air.” MASI is owned 50% by Mack and 50% by his business partner Rusty. Each of Mack and Rusty are shareholders, directors and employees of the company.

Mack called Rusty and told him to bring the crop dusting plane over to Mack’s house.
Tad heard Mack on the phone and tried to run away, but Mack tackled Tad to the ground and then
taped up his hands and feet with duct tape to await the plane. Tad was very distressed and sobbed as he
told Mack that he was afraid of flying. A few minutes later, as quickly as Rusty landed the plane, Mack
pushed Tad inside and ordered Rusty to take off. Tad begged Rusty not to fly away, sobbing that he was
deathly afraid of flying. Rusty ignored the pleas. Tad was completely distraught by the time Rusty got
the plane in the air. Through tears and sobbing, Tad guided Rusty and Mack to the location of the ATV.
When the plane landed back at the Martins’ house, Mack took the tape off Tad’s feet and marched him
to Mack’s truck. Mack told Tad that Tad would stay in the truck until the ATV was safely back at Mack’s
house.
As he started the truck, Mack growled at Tad: “The key better be in the ignition or you’re going to be
sorry.” Tad was afraid, so he admitted that the key to the ATV was at his house. Mack drove Tad back to
Tad’s house and demanded that Tad retrieve the key. Tad didn’t want his parents to know that he had
stolen the ATV, so he begged Mack to take the duct tape off his hands while he went to get the key from
his bedroom.
Mack agreed but said: “If you don’t get back here with that key in 4 minutes, I will go in there and tell
your parents what a low-life you are.” Tad retrieved the key and gave it to Mack and said he didn’t want
to get in the truck. Mack said: “You get in to this truck or I’m going to march right into your house and
tell your mom and dad just how you turned out.” Tad reluctantly got into Mack’s truck.
When the ATV was back at Mack’s property, Mack told Tad to leave and never come back. As a final
insult, Mack refused to drive Tad home; telling him to walk back to town.
In the following days, Tad felt shaken and scared. After a few more days, however, he felt outraged.
Tad went to the police to complain about Mack. The police were understandably interested in Tad’s
story.
Tad was charged with theft under the Criminal Code of Canada. Tad already had a considerable history
with the local law enforcement, and had been convicted of theft several times before.
The police also charged Mack with several offences under the Criminal Code of Canada. Mack was given
a conditional sentence (time to be served on a week-end) and a fine.
Tad, however, was not satisfied and now (after Tad served his 3 months of jail) he wants to sue.

1. In the "ATV Travesty" scenario, who should Tad sue?

Choose ALL the parties that Tad should sue. Incorrect responses will be subtracted from correct responses.

A)

Rusty

B)	Martin Aerial Services Incorporated (MASI)

C)

Shamir

D)

Mack

2. Which of the statements about the "ATV Travesty" scenario is correct?

Select ALL correct answers. Incorrect responses will be deducted from correct responses.

A)	Tad was not falsely imprisoned when he was in Mack’s truck (once the duct tape was removed) because he (and any reasonable person) would have been able to open the door and run away.

B)	Tad was not falsely imprisoned at any point in the scenario because he really did steal the ATV, which means that Mack made a valid Citizen’s Arrest.

C)	Tad was not falsely imprisoned once he left Mack’s truck and entered into his own home. Tad's hands were unbound so he could have stayed in the house, or called the police if he didn’t consent to getting back in the truck with Mack.

D)	Tad was falsely imprisoned for the entire time that he was taped up - it didn't matter if he was in the airplane or in the truck.

3. In the "ATV Travesty" scenario, when Tad entered onto Mack’s land to steal the ATV, he committed the tort(s) of__________.

Select ALL that apply. Incorrect responses will be subtracted from correct responses.

A)	Occupier's Liability

B)	Encroachment

C)

Battery

D)

Nuisance

E)

Trespass

F)

Deceit

4. Which of the following correctly identifies an assault from the "ATV Travesty" scenario?

Select ALL the correct answers. Incorrect responses will be deducted from correct responses.

A)	When Mack tackled Tad to the ground. (Assume that Tad did not see Mack coming.)

B)	When Mack said he'd knock Tad into next year.

C)	When Mack said that he would tell Tad's parents that Tad stole the ATV.

D)	When Mack refused to give Tad a ride back to town.

5. In the "ATV Travesty" scenario, assume the following:

a)That Tad wins damages that entitle him to collect $10,000 from the joint tort-feasors

b) That the court apportions liability to MASI at 30%, to Mack at 50% and to Rusty at 20%.

Given these facts, select the CORRECT answer below:

A)	Tad can collect the entire $10,000 from any of MASI, Mack or Rusty.

B)	Tad can only collect $3,000 from MASI, only $5,000 from Mack, and only $2,000 from Rusty.

Answer 1

1.a.Rusty

b.MSI

d.Mack

All three of them are complict since company property was used and Rusty drove it hence making him complicit as well.

2.d) Tad was falsely imprisoned for the entire time that he was taped up - it didn't matter if he was in the airplane or in the truck.

Regardless of his confession. Tad's imprisonment was illegal in nature and the location of it did not matter.

3.e.Tresspass

Inconvenience or annoyance caused to another which the law considers as substantial or material as opposed to sensitivity or delicacy makes it a nuisance as trespassing.

4.

a.When Mack tackled Tad to the ground. (Assume that Tad did not see Mack coming.)

b.When Mack said he'd knock Tad into next year.

Assault and threat of assault both qualify as assault.

5.

b.Tad can only collect $3,000 from MASI, only $5,000 from Mack, and only $2,000 from Rusty.

Apoortioned liablity must be followed.