As a chemical engineering, Nathalie was responsible to design a ventilation system for the process of decomposition of brought putrescible organic matter on to the lands of the municipality of Lanark (located in the province of Ontario). The ventilation aims to dispose of the matter by way of land-fill with respect of the environmental laws as well as the health and safety regulation and legislation.

Last year, as this organic matter decomposed, it generated methane gas which escaped into adjoining lands on which private homes had been constructed and on caused a fire in Alex's garage which led to the residents of Lanark living on the same road as Alex to park their cars on the street. Pierre is one of the resident who parked his car on the street on April 5^th, 2019.

Later (on April 26^th, 2019), an official of the municipality of Lanark which owned the land assured Alex who had suffered fire that the problem had been solved and that garages could again be used. Pierre, having heard this information from Alex and the city of Lanark, began to use his garage again. However, methane gas continued to escape from the land-fill site and filled Pierre' garage so that on one occasion when Pierre turned on the ignition of his car, an explosion destroyed the garage, damaged his car and cause the death of Pierre.

The unchallenged evidence before the Court shows the following:

·        Nathalie is an employee of the municipality of Lanark.

·        Nathalie is a duly licensed engineer at the Association of professional engineer of Ontario (APEO).

·        It is common knowledge in the chemical engineering field the methane who normally migrate upward through the decomposing organics and outward through the cover soil, diffusing into the atmosphere; but when upward movement is impaired by a failed ventilation system, the gas will diffuse laterally along subsurface paths of least resistance until it finds a vertical path to the atmosphere.

·        According to the chemical engineering expert report, impermeable barriers and permeable ventilation systems can be effective for methane gas control; but they must be carefully designed and constructed, closely monitored and conscientiously maintained. The result of such careful effort is the protection of people and structures near sanitary landfills.

·        The faulty design of Nathalie's ventilation system is the direct cause of the explosion. In the design of the new ventilation system, Nathalie failed to prevent upward passage and those that provide alternate avenues for lateral movement: Because methane molecules are relatively small, the gas moves readily through pervious soils and many emerge several hundred yards from a landfill.

QUESTION 1 (48 points)

·        Under contract law, torts, criminal law and professional deontology, indicate six (6) proceedings (recourses/actions) that may be brought against Nathalie and/or the municipality of Lanark. For each action indicate the following in the table :

o  Name of the parties: name of plaintiff v name of defendant

o  Proceedings : types (name) of action in torts, contract, criminal or professional deontology

o  Explanation/ Legal principle : law criteria and principle of the selected proceeding

§ Note: If applicable, indicate the jurisprudence (common law case) and/or the law

·        Example of jurisprudence: Ron Engineering

·        Example of law: s. 3(2)(a) Professional Engineering Act

o  Chance of success: Indicate if the rate of success of your proceeding is high, moderate or low. Then explain why by providing the legal criteria set in the jurisprudence (common law decision) and/or the law to establish the proof of the plaintiff.

Parties(0.5 point each) / Proceedings (recourses) (2 points each) / Explantation (Legal principle)(jurisprudence or law : 1 point each / legal principle : 1 point each) / Rate of success (high, moderate, low)(0.5 point each) and Detailed proof of the plaintiff (3 points each)

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