Assignment 02 Tort Law_Kristine Joy Panes (1) (2)

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Centennial College *

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706

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Law

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Apr 3, 2024

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docx

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4

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Kristine Joy Panes 301330635 1. Who was involved in the case? [ case name and citation ]  Case Name: Somers et al. v. Fournier et al. Arthur and Lola Somers (the "Somers") and Steven D. Fournier ("Fournier") 2. What happened in the case?  [facts ] On April 9, 1990, Arthur and Lola Somers, who were residents of Ontario, experienced a car accident in New York State when they collided with a vehicle driven by Steven D. Fournier, a New York resident, during a road trip. Additionally, Lola Somers, a passenger in their vehicle, was involved in a separate accident in Ontario on October 14, 1994. These incidents led to various legal disputes. Somers, despite getting injured in a car accident in New York, was domiciled in Ontario and chose to file a lawsuit in Ontario. The defendant agreed to the jurisdiction of the Ontario court, likely because compensation for damages is typically higher in the United States, whereas in Ontario, there are restrictions on non-monetary damages. They initiated legal proceedings in Ontario against both the other driver and their own insurance company, seeking compensation for personal injuries, pre- judgment interest, and legal expenses. The defendants acknowledged the
authority of the Ontario courts. During this period, neither the plaintiffs' auto insurance policy nor the legal framework in Ontario limited an individual's right to sue a responsible driver for damages arising from vehicle-related injuries. Prior to the trial, the defendant requested that the substantive laws of New York State be applied to the case. The initial judge determined that both the substantive laws of New York State and the procedural aspects of Ontario law were pertinent to the case. Furthermore, the judge concluded that pre-judgment interest, legal expenses, and Ontario's restrictions on non-economic general damages were procedural in nature and, as such, were governed by Ontario law. Subsequently, the defendant appealed the decision, and the plaintiff filed a cross-appeal. 3. What are the legal issues the court must decide? [ issues] The legal framework concerning expenses, pre-settlement interest, the amount of compensation, and compensation limits considered as essential aspects of the law or procedural elements. In this particular case, was it suitable to turn from the principle law of the place where the delict [tort] was committed due to a perceived injustice. Let's revisit the situation where Somers, despite being hurt in a New York car accident, is a resident of Ontario and decides to file a lawsuit in Ontario. The reason the defendant agreed to the jurisdiction of the Ontario court is that compensation in the United States is generally higher, while Ontario has restrictions on non-monetary damages.
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