1. On October 1, 2022, you were retained by a plaintiff who filed his own Claim on March 15, 2022, but had not yet served it on the defendants. What do you tell him when he asks if it is too late to serve the defendants?

2. On October 12, 2022, you were completing a Claim on behalf of your client. It was based upon an unpaid invoice dated September 2, 2022, in the amount of $7,300.00. The invoice had a provision that interest was payable on unpaid balances at the rate of 1 percent month. What is the interest rate at which you will calculate prejudgment interest?

3. In a proceeding in the Small Claims Court, the burden of proof on the plaintiff is:

4. A defendant must satisfy the court that he has a meritorious defence, has a reasonable explanation for the default, and is acting as soon as is reasonably possible, on:

5. Jonah Mohns and Mona Jones enter into an agreement to purchase a 110-inch 3D TV from TV's Are Us, at a cost of $4,500.00, for use in their after-hours club (in which they are partners). However, when the TV is delivered, Jonah and Mona fail to pay for it. They are sued by TV's Are Us, whose paralegal argues that Jonah and Mona are "jointly and severally liable." What does this mean?

6. Rule 2.02 provides that the Court may "dispense" with compliance with any Rule. In deciding whether or not to exercise this power and dispense with compliance with a Rule, one factor that the Deputy Judge will likely consider is:

7. You are the paralegal for a plaintiff, Robbie Hart, in an action against Glen Gulya. You attended at Glen's residence at 47 Boulevard of Broken Dreams on Monday, October 3, 2022, to serve the Claim. No one answered the door, so you waited in your car on the street in front of the house. A little while later, a person, whom you identified as the defendant's wife from a photograph, left the residence and drove off. You followed her and, when she stopped at the gas station, you gave her a copy of the Claim in a sealed envelope addressed to Glen. You then immediately put a second copy of the Claim in the mail addressed to Glen at his residence address. When is service deemed to have been effected on the defendant?

8. Rule 1.03 refers to the determination of every proceeding "on its merits." "On its merits" means that the decision of the Court is:

9. You are retained by Jay Silverheels with respect to a Claim Form 7A that has been served on him. You determine that the Claim falls within the Court's monetary jurisdiction.Identify and explainthe two other jurisdiction issues that you must consider in reviewing the Claim

10. Your client, Art Vandalay, wishes to sue a restaurant known asMonks Coffee Shop.Your searches disclose that this is a partnership owned by George Costanza and Cosmo Kramer. In drafting your Claim, who may you name as the defendant?

11. You are the paralegal for Peter Plaintiff, who is suing Donna Defendant in Small Claims Court for damages for personal injury. Donna has not filed a Defence and has been noted in default. Which one of the following statements is the most correct?

12. As a paralegal, you are retained by Perry Mason to file a Claim on his behalf for no more than $35,000. Perry resides in Newmarket, Ontario, which is located in York Region north of Toronto. Perry carries on business in Toronto. The claim relates to a slip and fall accident which occurred on Highway 400 about 4 kilometres south of Barrie. Barrie is located in Simcoe County about 53 kilometres north of Newmarket. The property where Perry fell is owned by Della Street and Paul Drake, and they will both be named as defendants. Della Street resides in Bradford. Bradford is in Simcoe County and is about 13 kilometres north of Newmarket and about 40 kilometres south of Barrie. The other defendant, Paul Drake, resides and carries on business in Wellington County, which has a Small Claims Court in Guelph, about 120 kilometres southwest of Newmarket. The Small Claims Court for York Region is in Newmarket and the Small Claims Court for Simcoe County is in Barrie. Of course, there is also a Small Claims Court in Toronto.

Your client is very inquisitive and wants to know his various options for where the Claim can potentially be filed. He would prefer if the Claim was filed in Newmarket Small Claims Court or in Toronto Small Claims Court as those are the most convenient for him. In addition, he apparently doesn't like Barrie because his first wife lives there.

Answer each of his questions below andcite the relevant rule(s), including the subrule and clause numbers.

(a) Can the Claim be filed in Barrie Small Claims Court?

(b) Can the Claim be filed in Newmarket Small Claims Court?

(c) Can the Claim be filed in Toronto Small Claims Court?

(d) Is there any other Small Claims Court where the Claim can be filed?

(e) Can one Claim be filed in one Court against Della Street and another identical Claim be filed in another Court against Paul Drake?

13. The pleading forms prescribed by the Rules of the Small Claims Court are:

14. Briefly explain what it means when a plaintiff "attorns to the monetary jurisdiction of the Small Claims Court."

15. You are retained as the paralegal by a defendant, Baby Bieber Music Inc. Your client has been served with two Small Claims Court Claims issued by the same plaintiff, Stratford Singing Lessons Ltd. One Claim is for $35,000 and the other is for $10,000. Each Claim alleges breach by your client of a contract dated May 21, 2022. You note that a copy of the same contract is attached to each Claim. You also note that, in the contract, your client agreed to pay the plaintiff the sum of $45,000 for services. Before you even ask your client whether or not they paid the plaintiff, you consider the following question:

Is there anyproceduraldefence available to your client (i.e., a defence under the Rules or a statute and unrelated to whether or not the money was paid or is owing)?

16. Which one of the following regarding a Small Claims Court Assessment Hearing is correct?

17. As a paralegal, you are consulted by Gato Ceeston, who wishes to commence an action in Small Claims Court. In reviewing the facts, you determine that the limitation period has passed. What does this mean?

18. You are retained as a paralegal for a minor who is being sued for $500. You are concerned that your client may require a litigation guardian. Which one of the following is correct?

19. Identify the specific number of a Rule of the Small Claims Court (including subrule and clause number, where applicable) or the specific section of theCourts of Justice Act (including subsection and clause number, where applicable), which applies to the following:

(a) Computation of time

(b) Representation in Small Claims Court

(c) Monetary jurisdiction

20. Pursuant to s. 23 (3) of the Courts of Justice Act, every Judge of the Superior Court of Justice is also a Judge of the Small Claims Court? What is the monetary jurisdiction of the Small Claims Court when a case is presided over by a Judge of the Superior Court of Justice?

21. The concept of the separate legal entity of a corporation is firmly entrenched in our business law. This means that a corporation is a separate legal entity or "person." However, there are situations where courts will hold the directors of the corporation legally liable for certain debts or liabilities of the corporation. In other words, in certain cases, even though the debt has been incurred by the corporation, the plaintiff may also successfully sue the directors. For example, a director of a corporation may be held personally responsible for unpaid wages that are owed by the corporation. This concept of holding a director personally liable is known as:

22. You are retained as paralegal by Joe Bidenough, who tells you that he does not really have a defence to the Claim for $20,000 made against him by the plaintiff, Hilarious Clynton. The Claim was served earlier today. Joe tells you that he does not want to go to trial and does not want a judgment against him as it might affect his credit rating. However, since he stopped receiving payments from Russian business associates, he is unable to pay the full amount owing right now but thinks he could afford $2,000 per month. Nevertheless, he tells you that he would really like to pay even less, if possible, maybe as little as $500 per month. What advice will you give Joe as to the steps that should be taken by him?

23. A well-drafted defence will contain the following statement:

24. On October 12, 2022, you were completing a Claim on behalf of your client. It was based upon an unpaid invoice dated September 2, 2022, in the amount of $7,300.00. The invoice had a provision that interest was payable on unpaid balances at the rate of 10 percent per year. The prejudgment interest rate prescribed under theCourts of Justice Actfor the fourth quarter of 2022 is 2.8 percent per year. What amount of interest was owing as of October 12, 2022?

25. Duane Doberman is a potential client who wishes to retain you as a paralegal for the purpose of trying to collect an unpaid invoice of $42,000 from a customer, Phil Silvers. Duane tells you that Phil has made no attempt to pay the invoice. When you tell Duane that you will be able to help him, he comments that he thought that paralegals can only commence actions in Small Claims Court, where the maximum claim is $35,000. How do you respond to Duane? What information and/or advice do you give him? What, if anything, can you do for him?

26. You are the paralegal for Tom Stomper on whose behalf you issued a Claim for payment of an unpaid bill for services. The self-represented defendant files a Defence which merely reads: "The defendant does not owe any money to the plaintiff." You get instructions from your client to make a demand for particulars.

(a) What form will you use to make the demand.

(b) Identify three particulars that you will demand. Number your answers 1, 2 and 3.

(c) If you don't get a response from the defendant, what options are available to your client?

27. You are the paralegal for Clark Kent, who has a security business. Clark wishes to bring an action against a business, Daily Planet Fruit, for unpaid services that he performed pursuant to a contract. You conduct a corporate search and determine that Daily Plant Fruit is not a corporation. However, there are no registrations indicating whether this is a proprietorship or a partnership, and your client does not know who the owner is. Clark tells you that he always dealt with Perry White, but is pretty sure that Perry is merely the manager and not an owner.

(a) In your Claim, which you must issue by tomorrow, who will you name as the defendant(s)?

(b) You are concerned that any judgment awarded to your client at the trial many months from now will be worthless if Daily Planet Fruit goes out of business before that time. Therefore, you want to be able to collect the judgment from the individual owner(s) [viz., the proprietor or partners] as well. Therefore, you serve the defendant business with a notice under the Rules requiring disclosure of the names and addresses of the proprietor or all partners. What form do you use to request this disclosure?

(c) In response to your request for disclosure, you are provided with the names and addresses of three partners, Tom Daily, Dick Daily and Harry Daily. You also learn that Tom, Dick and Harry no longer get along with each other and are suing each other. Briefly describe the most effective next step you will take in the action under the Rules now that you have this information. You have already served the Claim upon the business in accordance with the Rules of the Court.

(d) At the trial, the Deputy Judge decides to award judgment against Daily Planet Fruit in favour of your client. Is there anything that you must request at the time that judgment is awarded in order to preserve your client's rights to try to enforce the judgment as against Tom and/or Dick and/or Harry.

28. You act as paralegal for a plaintiff and you have decided to serve the Claim on the defendant rather than hiring a process server. You attended at the defendant's residence on Monday, September 12, 2022, for this purpose. The defendant's wife came to the door, identified herself, and informed you that the defendant was not at home. You gave her a copy of the Claim in a sealed envelope addressed to the defendant and then mailed a copy of the Claim to the defendant the same day. When is service deemed to have been effected on the defendant?

29. The Small Claims Court is an example of Ontario's "adversarial system of justice." This means that:

30. Identify two statutes (Acts or pieces of legislation) that it might be helpful for a paralegal who practices in Small Claims Court to be familiar with. Briefly explain why each Act would be helpful.