SMALL CLAIMS COURT II – PLBA 1501-OLB

Humber Institute of Technology and Advanced Learning

INSTRUCTOR: TRICIA D. HANNIGAN, B.Sc. (Hons.), LL.B., LL.M.

ASSIGNMENT #2 (15%) – DUE MARCH 17, 2022 BY 5:00 P.M.

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
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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 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).
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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.

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 POSSIBLE EXHIBIT/EVIDENCE HOW/WHO WILL INTRODUCE IT
CASE TO BE TENDERED
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 POSSIBLE EXHIBIT/EVIDENCE HOW/WHO WILL INTRODUCE IT

CASE TO BE TENDERED
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.

❖ Please note that any sign of plagiarism or cheating in any form will be
dealt with in accordance with Humber College’s policies on academic
integrity and fairness - https://academic-regulations.humber.ca/2018-
2019/17.0-ACADEMIC-MISCONDUCT.

❖ In addition to the assignment, you are to date/sign (electronic signature

permitted) the attached Plagiarism Statement which is to be submitted
to me on-line through Blackboard Ultra on or before 5:00 PM Thursday
March 17, 2022. Any paper submitted without the attached Plagiarism
Statement will NOT be graded/marked.

LATE PENALTY:
❖ Late assignments will receive an initial 3% grade reduction, followed by
further daily reductions of 1% for a maximum of three (3) days, after
which a grade of 0% will be assigned. Additional time will be provided
to students in accordance with their accommodated status.

GOOD LUCK.