Assignment task:
Samir was late for his class at TCMU downtown. It had just snowed all night and there was about 6 cm of snow on Samir's car. Most of it was ice and he thought it would melt while he drove downtown from Markham.
He managed to chip away the ice on the driver's side and left home.
Normally it was a 35 minute trip but with the recent snowfall it took about 90 minutes to get downtown.
He skidded a couple of times and almost hit a woman pushing a baby carriage as he did not see her. He broke the baby carriage. The woman was able to note down his license plate and filed a Statement of Claim.
She claimed that Samir committed the "Tort of Failing to Clear His Ice".
Samir's lawyer argued that this was not a tort.
Give 3 reasons why this tort should be or not be a specific tort.
Assume that this is not a criminal offence or current tort and it does not fall under negligence Describe why failing to brush all of the snow from your car before driving should be or not be a tort?