Negligence Review Game

Ellen was taking the Toronto Transit Commission (the “TTC”) train in Toronto, Ontario. She got on the train at Museum station on the University line to head south of Union Station to meet a friend for lunch. The doors opened on the platform and a large crowd exited the platform. As Ellen and another woman tried to enter the train, the buzzer sounded and the doors closed on her and the other woman. She had to push the doors open to get herself free.


Joseph, working for the TTC as conductor failed to see Ellen and the other woman stuck in the door and started to advance the train before a bystander, Pratima Khan, shouted for him to stop, dropping her package and breaking a $1,000 crystal vase that she had purchase for a friend’s wedding. When she told her friend about the broken vase her friend, Tina, who often suffered from depression, cried for a week and missed a week’s worth of wages ($1,500.00).

Ellen had suffered from fibromyalgia for many years prior to this incident and as a result of the accident she says that she is suffering from increased pain and loss of mobility in her shoulder. She states that she is now unable to complete day-to-day domestic activities such as household cleaning and taking care of her sick mother. Answer the following questions.