Description of Case:
Assume that this case recently occurred in Ontario:
The Plaintiff entered into a contract with the Defendant, Look International Enterprises (LIS), to have a hairpiece surgically attached to his scalp. Under the terms of that contract, LIS was allowed to videotape the procedure for instructional purposes only. Seven years later, without the Plaintiff’s knowledge, LIS allowed a television station to use the videotape during a news feature on hair grafts. When the station’s reporter asked if the patient had consented to such use, LIS wrongly said “yes”. The Plaintiff suffered great embarrassment as a result of the broadcast. He sued both LIS and the television station.
(a) Discuss the liability (if any) of the Defendant, Look International Enterprises(LIS);
(b) Discuss the liability (if any) of the Television Company;
(c) Include discussion/references as to the degree to which (if any) there is any “protection of privacy” applicable in Ontario;
(d) How would a Judge assess monetary damages for “embarrassment”?
(e) What criteria/factors should determine the amount awarded for “embarrassment”?
Marks: this Assignment is worth 45% of the course mark
NATURE OF THE ASSIGNMENT
Attend a Court Trial or Administrative Tribunal Hearing involving a “business related”litigation or dispute. Your paper should provide commentary on:
A. Identification of the legal parties to the dispute
B. Identification of the paper which initiates the legal process either by way of Court Application, or complaint or request to an Administrative Tribunal
C. Describe the procedure that is utilized by the Court or Adjudicator
D. Describe the legal issues raised in terms of the dispute
E. Provide a commentary in reference to the evidence provided, and whether specific rules were applicable in terms of the introduction of evidence
F. Outline the Judgment or the Decision (if provided). Please note that if a Judgment or Decision is not provided, then it is expected that you would write your own Judgment/Decision and give reasons
G. Your comments on the process, the issues, and the Decision if you are able to hear it. Your comments should be critical or provide positive commentary in terms of the process and result. Do you believe that justice was done?
The paper should not exceed approximately 1500 words.
You may wish to proceed to view a Landlord/Tenant dispute which is typically conducted at the Ministry of Natural Resources building on Water Street. This is usually conducted on the ground floor. Furthermore, you could attend Small Claims Court which is located at 70 Simcoe Street in the City of Peterborough. This is located east of Water Street.
In addition, there are Land Severance Applications heard by the County of Peterborough on a regular basis. You may wish to attend an actual Land Severance Committee Meeting of the County of Peterborough Land Division Committee located at the County Municipal Building (470 Water Street, Peterborough). Other disputes, for example, labour disputes are heard by the Ontario Labour Relations Board in Toronto.