3. Assignment #1 (Individual)
Drafting Plaintiff’s Claim
1) Consent to Act as Litigation Guardian: Draft a Form
4A Consent to Act as Litigation Guardian. (4 marks)
2) Plaintiff’s Claim: Draft the Claim in the proper Court
and jurisdiction (see Rule 6). Use Form 7A available
on the Ministry of the Attorney General website.
Make sure you include yourself as the
representative for your client with your contact
information in the appropriate part of the claim.
Instead of a FAX number you should use your
student number at Humber. (15 marks)
4. Assignment #1 (Individual)
Drafting Plaintiff’s Claim
3) Pre-judgment Interest: Calculate the amount of pre-
judgment interest under section 127 of the Courts of Justice
Act and noting section 128(1) of the Courts of Justice Act
both of which are found in Zuker’s book (pages starting with
343) and the Attorney General’s website up to the date the
Claim is issued. Assume that the claim will be issued on
October 14, 2011. Calculate the per diem pre-judgment
interest rate after that date until Judgment is given. (5 marks)
4) Demand Letter: You are also instructed to do a demand letter
to the defendant on September 15, 2011. Draft the letter and
attach it to your claim. Note your letter should include a copy
of Arcade’s web page that your client is upset about. (5
marks)
5. Assignment #1 (Individual)
Drafting Plaintiff’s Claim
5) S.8 SERVICE RULES: Give at least 4 methods to serve
the Claim on the Defendant under Rule 8 in this fact
situation with the section numbers (8 marks). These
are to be listed on a separate piece of paper.
6) POST-JUDGMENT INTEREST: Assuming you are
awarded a Judgment on December 15, 2011 what
would be the post-judgment interest rate under
post judgment
section 127 of the Courts of Justice Act. (1 mark).
7) FILING FEES: What will be the cost to issue this
claim? (2 marks) See the Regulations under the
Administration of Justice Act or page 781 of Zuker.
6. Fact Situation
• You are consulted on September 15, 2011 by
Rebecca Black who is 14.
• She lives with her mother Georgina Kelly at
312 Zunder Zee Avenue in the City of
Brampton, Ontario (the postal code is K0K 3J0
and the telephone number is 519-488-2900).
7. Fact Situation
• Your client tells you that on December 15, 2010 she
paid $4,000 to Arcade Industries to record a youtube
music video called “It’s Friday”. Now she wants her
money back and general damages (up to the limit in
Small Claims Court) because Arcade Industries
published an article on their web page that
Rebecca’s voice was auto corrected and not her
natural voice and Rebecca feels her reputation as a
singer has been affected and that she has “lost her
moment” to achieve fame on you tube.
8. Fact Situation
• Rebecca tells you that her good friend Katy Perry is
willing to testify on her behalf. You do a search under
the Business Names Act and discover that Arcade
Industries is operated by Clarence Wilson who
carries on business at 380 Canarctic Drive
Scarborough, Ontario (postal code M3J 2R9,
telephone number 416-660-6034). Rebecca’s mother
tells you that she would be willing to act as Rebecca’s
litigation guardian under Rule 4.01. You are
instructed to issue a claim in the proper court under
Rule 6.01.
11. Steps in a Small Claims Case
Step Step Step Step Step Step
1 2 3 4 5 6
Note in Assessment
Default Hearing
Fill in the
Plaintiff, Plaintiff’s Settlement
Demand Serve the
Defendant, Claim - Conference
Letter Defendant Trial
and What Form 7A
Happened
Settlement
13. Steps in a Small Claims Case
Step Step Step Step Step Step
1 2 3 4 5 6
Note in Assessment
Default Hearing
Fill in the
Plaintiff, Plaintiff’s Settlement
Demand Serve the
Defendant, Claim - Conference
Letter Defendant Trial
and What Form 7A
Happened
Settlement
15. Plaintiff Information
• 2 Possible Plaintiffs:
1. Rebecca Black:
• Under $500 or not?
• Under 18?
• Rule 4
2. Georgina Kelly
• Name – use last name field – Georgina Kelly Litigation
Guardian of Rebecca Black
• Address: 312 Zunder Zee Avenue in the City of
Brampton, Ontario, K0K 3J0, 519-488-2900
• Add Legal Rep: Your name and information, your
student number at Humber as fax number
16. Fill in the details of your case
Plaintiff Information
Enter Rebecca Black’s
name and contact
information
here
17. Fill in the details of your case
Plaintiff Information
Click on Add Legal Rep to enter
Information on the legal
representative
21. Defendant Information
• Defendant:
– Clarence Wilson who carries on business at 380
Canarctic Drive, Scarborough, Ontario
• Postal code M3J 2R9, telephone number 416-660-6034
– Clarence Wilson c.o.b. Arcade Industries
22. Fill in the details about the
Defendant
Who are you suing?
Choose Business from the
drop down.
23. Fill in the details about the
Defendant
Who are you suing?
What type of business are
you suing? Corporation/Sole
Proprietorship/Partnership
Fill in the details of the
Corporate Profile Report?
business.
25. Fact Situation
• You are consulted on September 15, 2011 by
Rebecca Black who is 14.
• She lives with her mother Georgina Kelly at
312 Zunder Zee Avenue in the City of
Brampton, Ontario (the postal code is K0K 3J0
and the telephone number is 519-488-2900).
26. Fact Situation
• Your client tells you that on December 15, 2010 she
paid $4,000 to Arcade Industries to record a youtube
music video called “It’s Friday”. Now she wants her
money back and general damages (up to the limit in
Small Claims Court) because Arcade Industries
published an article on their web page that
Rebecca’s voice was auto corrected and not her
natural voice and Rebecca feels her reputation as a
singer has been affected and that she has “lost her
moment” to achieve fame on youtube.
27. Fact Situation
• Rebecca tells you that her good friend Katy Perry is
willing to testify on her behalf. You do a search under
the Business Names Act and discover that Arcade
Industries is operated by Clarence Wilson who
carries on business at 380 Canarctic Drive
Scarborough, Ontario (postal code M3J 2R9,
telephone number 416-660-6034). Rebecca’s mother
tells you that she would be willing to act as Rebecca’s
litigation guardian under Rule 4.01. You are
instructed to issue a claim in the proper court under
Rule 6.01.
29. Tell your story
What is the amount?
What is the service?
What did you
pay, and what is the
problem?
30. Fact Situation
• Your client tells you that she that on December 15,
2010 she paid $4,000 to Arcade Industries to record
a youtube music video called “It’s Friday” and now
she wants her money back and general damages (up
to the limit in Small Claims Court) because Arcade
Industries published an article on their web page
that Rebecca’s voice was auto corrected and not her
natural voice and Rebecca feels her reputation as a
singer has been affected and that she has “lost her
moment” to achieve fame on youtube.
31. Tell your story
What happened?
Was there an interest
rate? No interest rate.
What did you
pay, and what is the
problem?
Enter in any exhibits
you will rely on
32. Choose a Court Location
Select Court Location
to start an action
33. Steps in a Small Claims Case
Step Step Step Step Step Step
1 2 3 4 5 6
Note in Assessment
Default Hearing
Fill in the
Plaintiff, Plaintiff’s Settlement
Demand Serve the
Defendant, Claim - Conference
Letter Defendant Trial
and What Form 7A
Happened
Settlement
34. Assignment #1 (Individual)
Drafting Plaintiff’s Claim
3) Pre-judgment Interest: Calculate the amount of pre-
judgment interest under section 127 of the Courts of Justice
Act and noting section 128(1) of the Courts of Justice Act
both of which are found in Zuker’s book (pages starting with
343) and the Attorney General’s website up to the date the
Claim is issued. Assume that the claim will be issued on
October 14, 2011. Calculate the per diem pre-judgment
interest rate after that date until Judgment is given. (5 marks)
4) Demand Letter: You are also instructed to do a demand letter
to the defendant on September 15, 2011. Draft the letter and
attach it to your claim. Note your letter should include a copy
of Arcade’s web page that your client is upset about. (5
marks)
36. Assignment #1 (Individual)
Drafting Plaintiff’s Claim
1) Consent to Act as Litigation Guardian: Draft a Form
4A Consent to Act as Litigation Guardian. (4 marks)
2) Plaintiff’s Claim: Draft the Claim in the proper Court
and jurisdiction (see Rule 6). Use Form 7A available
on the Ministry of the Attorney General website.
Make sure you include yourself as the
representative for your client with your contact
information in the appropriate part of the claim.
Instead of a FAX number you should use your
student number at Humber. (15 marks)
37. Steps in a Small Claims Case
Step Step Step Step Step Step
1 2 3 4 5 6
Note in Assessment
Default Hearing
Fill in the
Plaintiff, Plaintiff’s Settlement
Demand Serve the
Defendant, Claim - Conference
Letter Defendant Trial
and What Form 7A
Happened
Settlement
39. Steps in a Small Claims Case
Step Step Step Step Step Step
1 2 3 4 5 6
Note in Assessment
Default Hearing
Fill in the
Plaintiff, Plaintiff’s Settlement
Demand Serve the
Defendant, Claim - Conference
Letter Defendant Trial
and What Form 7A
Happened
Settlement
40. Assignment #1 (Individual)
Drafting Plaintiff’s Claim
5) S.8 SERVICE RULES: Give at least 4 methods to serve
the Claim on the Defendant under Rule 8 in this fact
situation with the section numbers (8 marks). These
are to be listed on a separate piece of paper.
6) POST-JUDGMENT INTEREST: Assuming you are
awarded a Judgment on December 15, 2011 what
would be the post-judgment interest rate under
section 127 of the Courts of Justice Act. (1 mark).
Act. (1 mark).
7) FILING FEES: What will be the cost to issue this
claim? (2 marks) See the Regulations under the
Administration of Justice Act or page 781 of Zuker.
42. Assignment #1 (Individual)
Drafting Plaintiff’s Claim
1) Consent to Act as Litigation Guardian: Draft a Form
4A Consent to Act as Litigation Guardian. (4 marks)
2) Plaintiff’s Claim: Draft the Claim in the proper Court
and jurisdiction (see Rule 6). Use Form 7A available
on the Ministry of the Attorney General website.
Make sure you include yourself as the
representative for your client with your contact
information in the appropriate part of the claim.
Instead of a FAX number you should use your
student number at Humber. (15 marks)
45. Assignment #1 (Individual)
Drafting Plaintiff’s Claim
3) Pre-judgment Interest: Calculate the amount of pre-
judgment interest under section 127 of the Courts of Justice
Act and noting section 128(1) of the Courts of Justice Act
both of which are found in Zuker’s book (pages starting with
343) and the Attorney General’s website up to the date the
Claim is issued. Assume that the claim will be issued on
October 14, 2011. Calculate the per diem pre-judgment
interest rate after that date until Judgment is given. (5 marks)
4) Demand Letter: You are also instructed to do a demand letter
to the defendant on September 15, 2011. Draft the letter and
attach it to your claim. Note your letter should include a copy
of Arcade’s web page that your client is upset about. (5
marks)
46. Assignment #1 (Individual)
Drafting Plaintiff’s Claim
5) S.8 SERVICE RULES: Give at least 4 methods to serve
the Claim on the Defendant under Rule 8 in this fact
situation with the section numbers (8 marks). These
are to be listed on a separate piece of paper.
6) POST-JUDGMENT INTEREST: Assuming you are
awarded a Judgment on December 15, 2011 what
would be the post-judgment interest rate under
section 127 of the Courts of Justice Act. (1 mark).
7) FILING FEES: What will be the cost to issue this
claim? (2 marks) See the Regulations under the
Administration of Justice Act or page 781 of Zuker.
47. Interest, Costs, and Payments
Calculating Interest
on Judgment
http://www.attorneyge
neral.jus.gov.on.ca/en
glish/courts/
4th_Quarter_2011_C
JA_Pre_Postjudgmen
t_Interest_EN.pdf
