Tuesday, March 16. 2021

Today's classes are:

9:15 - 11:50 D Block Legal Studies

12:30 - 3:05 A Block Physical Geography

D Block Legal Studies - Today we'll take a look at the main differences between civil and criminal law. 

I would like you to read the Thomas v Hamilton Board of Education (1994) case and we'll talk about it together. Here are the questions for the case that you and a partner should discuss:

1. Why do you think Thomas and his family brought a suit against the school board and the coaches? 
2. What would you have decided if you were the judge in this case?

Consider "Duty of Care" for sports activities.

Next, I'd like to look at the Thornton et al. v. Board of School Trustees of School District No. 57 (Prince George) et al. (1978) case together (kind of an important case for non-pecuniary loss in Canada). Here are the questions for the case that you and a partner should discuss:

1. Why did Gary’s parents bring this action to court on their son’s behalf? 
2. Why was the action brought against the Prince George School District? 
3. Did the teacher do what was expected or required of him as a physical education teacher? Why or why not? 
4. Do you think that Gary was in any way responsible for his injuries? Why or why not? 
5. In this case, the original trial and appellate court judgments awarded Gary $200 000 for pain and suffering and loss of enjoyment of life. The Supreme Court of Canada reduced this amount to $100 000. Do you think this was a fair and reasonable upper limit? Discuss.

And lastly, we'll look at two sources:

• Waddah Mustapha v. Culligan Of Canada Ltd., 2006 CanLII 41807 (ON C.A.)
• The Paisley Snail - Donoghue vs. Stevenson

You should become familiar with Donoghue v. Stevenson  Donoghue v Stevenson [1932] A.C. 562, [1932] UKHL 100, 1932 S.C. so to help

The Donoghue v. Stevenson case relates to the Mustapha v. Culligan of Canada Ltd. case. So, I'd like you and a partner to discuss the following and then we'll talk about it as a class:

1. What factors influenced the trial judge’s decision? The Court of Appeal’s decision?
2. Do you agree with the decision of the trial judge or the Court of Appeal? Why?
3. What is meant by “reasonable foreseeablility” and what elements does the court look at when deciding what is “reasonably foreseeable”?
4. Should the test of what is “reasonably foreseeable” be an objective or subjective test? Why?
5. Should the test be different in cases where psychological as opposed to physical harm is involved?
6. Some would say that the Mustapha family reacted to the fly in the water in an unusual and unexpected way. Should a manufacturer or seller be responsible for any extreme or serious harm caused by defective goods (such as those experienced by the Mustapha family), or only what is expected that most people would experience in a similar situation? Where should the courts draw the line of liability for harm suffered by others?

I'll go through civil trial procedures with you and explain what a summons or statements of claim and the options available when a lawsuit is claimed against you (statement of defense, counterclaims, third party claims, or default judgement). Next I'll explain the benefits of an out of court settlement and identify why negotiating an agreement is better than going to court. You can find more on the differences between criminal and civil law at: Diffen or OttoGraph and you can find out more about Civil Procedures at Canada's Department of Justice or the Courts of British Columbia.

A Block Physical Geography - Today we'll begin our look at stratospheric ozone and air pollution. Ozone is a gas that occurs both in the Earth's upper atmosphere and at ground level. Ozone can be "good" or "bad" for your health and the environment, depending on its location in the atmosphere. After looking at the ways that ozone protects us and understanding how it can be destroyed by CFCs you'll need to complete questions 8 and 9 from page 90 in your Geosystems textbook. We'll also look at air pollution, specifically the anthropogenic additions to our atmosphere. We will look at the effects of nitrogen oxides and sulfur dioxides on human health and terrestrial and aquatic ecosystems. We'll also look at the Environment Canada Air Quality Index. 

For us in the Comox Valley PM2.5 pollution refers to very fine particulates - with a size generally less than 2.5 micrometres (µm). It is contained in pollution from gasoline and diesel vehicles as well as *woodsmoke* and industry. This microscopic material when breathed in can penetrate deep into the lungs and can then be absorbed into the bloodstream. This form of pollution is associated with health conditions such as heart disease, stroke, lung cancer as well as diabetes and dementia. High levels of PM2.5 pollution can trigger asthma attacks, heart attacks and other serious medical emergencies, and has a long term impact on lung function particularly in children.



For more information on Air Quality look at:
BC Air Quality Readings
Real Time Air Quality Index Map
The Habitable Planet: Air Pollution
Environment Canada Air Pollution site
For more information on Ozone look at:
Environment Canada Ozone site
US Environmental Protection Agency Stratospheric Ozone page
NOAA Ozone depletion page
EPA Health Effects of Increased UV Radiation

National Public Radio site on the London "Killer Fog" of 1952
EPA website on acid rain

From Vox: Why India’s air pollution is so horrendous
Check out last year's article on CNN indicating that breathing in Delhi air is equivalent to smoking 44 cigarettes a day



Don't forget that every day we are going to start by looking at the synoptic forecast along with weather maps.
Data Streme
Envrionment Canada: Weather Office Comox