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Assignment #5 - Affidavit A client has retained you to draft her an affidavit that she will use in relation to a small claims court
Assignment #5 - Affidavit A client has retained you to draft her an affidavit that she will use in relation to a small claims court matter where she is representing herself. She wants to get an affidavit drafted by a paralegal to help her case. Please use the attached memo that was drafted during her initial consultation to gather the information needed for the Affidavit - Memo to File - Affidavit Assignment # 2.docx Identify any documentary evidence the client provided that you can use in the affidavit. The client will be coming in to sign the affidavit on July 25,2024, and it should be prepared for review well in advance of her appointment. Use Form 15B and a Schedule "A"., You will not need to create/attach the actual exhibits you mention, only the exhibit pages. Case Details: Plaintiff: Jasmine Peters Defendant: Jack Hilton Court File No.: SC-23-000198 - Hamilton Small Claims Court The client will be comingin to sign the affidavit on July 25,2024, and it should be prepared for review well in advance of her appointment. Use Form 15B and a Schedule "A". You will not need to create/attach the actual exhibits you mention, only the exhibit pages. Case Details: Plaintiff: Jasmine Peters Defendant: Jack Hilton Court File No.: SC-23-000198 - Hamilton Small Claims Court Breakdown of Marks: Used proper court form and completed properly - - Uses Schedule "A" to form - Includes preamble/introduction of deponent - Written in first person - - Proper evidenceused - Properly attaches and labels exhibits with sufficient detail - - Contains a jurat - Proper formatting - Spelling and grammar - - Internal Memo - Initial Client Meeting Client Name: Jasmine Peters Date of Incident: November 4, 2023 Ms. Peters came in today for an initial consultation. She retained us for injuries she sustained as a result of a dog bite. The scope of the retainer is to draft her an affidavit she can use in small claims court. She is doing most of the case herself but needs a sworn affidavit as part of her claim. Details of the incident * On November 4, 2023, around 5:15 pm, she was returning home from work. As she exited her vehicle, her neighbour's dog, Rex, ran onto her property and bit her right hand/wrist. The dog was not on a leash. The neighbour who is the owner of Rex resides at 23 Riverside Court, Hamilton Ontario, L9G 1A2. His name is Jack Hills. * This incident resulted in Ms. Peters having to go to the hospital by way of ambulance. At the hospital, they did x-rays and confirmed nothing was broken. She was given 6 stitches to the laceration and was discharged home the same night. * As a result of the dog bite on her dominant hand, she needed to take 1 week off from work as a court reporter to recover. However, after 5 days, Ms. Peters developed an infection in the wound. She then remained off work an additional 3 weeks and was prescribed medication. * She continued to complain of pain in her wrist, so her family physician referred her for an ultrasound. * On December 11, 2023, it was discovered that she suffered a partial tear in her tendon of the wrist. As a result, she needed to attend physio to regain some strength. She provided me with a copy of the ultrasound. * She described Rex as approximately a 2 ft Rottweiler weighing 50 kg. Switch To Dark Mode * She received a bill in the mail dated December 12, 2023, in the amount of $45 for the ambulance fee. * She wasn''t able to go to work for 4 weeks due to her injuries. She worked as a court report for Network Reporting located at 2 James Lane in Hamilton, Ontario. * To confirm her income, she gave me copies of her pay stubs from October 9 to November 3, 2023 She was making $985.00 gross per week. She gave me some additional invoices from her physiotherapist for the period of December 13 to February 7, 2024. She went to therapy for 8 weeks and paid for the treatment out of her pocket as she did not have health insurance coverage. The total invoice for physio was $1,360.50 from In Motion Physio located at 1225 King Street N., Hamilton, Ontario. She continues to have trouble sleeping and feels stressed due to nightmares about her bills and her ongoing problems with her right hand. She also continues to take pain medication. She has provided invoices for the antibiotics in the amount of $125 and pain medication for $75. Her doctor, Dr. Nigel, says she might not fully heal for another 6 months. He wants her to do more physio, but she can't afford it anymore. He also indicated if the nightmares persist, she may need to seek psychological treatment which unfortunately, is not covered by OHIP. Copies of the paystubs and receipts/invoices the client provided are saved to the file. There is a photocopy of her driver's license for the file - confirming her details as follows: Jasmine Peters Date of Birth: April 26, 1990 Address: 25 Riverside Court Hamilton, Ontario L9G 1A3
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