Assignment Instructions - Major Assignment

ASSIGNMENT DESCRIPTION AND GUIDANCE

The purpose of this assignment is to encourage active learning through case scenario-based learning. The students are to use what they have learned thus far and apply it to the case scenario below.

The tasks required to be completed are in two courses, Residential Landlord & Tenant Law and Alternative Dispute Resolution (ADR). With regards to ADR, students will learn how to prewrite and handle a case from the initial stages, i.e. Interviewing a client, drafting correspondence, and offering legal advice regarding available legal avenues, such as mediation.

Cases:

Case #1: Interference with the Reasonable Enjoyment

Case #2: Non-Payment of Rent & Threats

Case #3: Non-Payment of Rent, Noise Complaints, Utilities

Case #4: Rent Abatement

The Project Tasks are Divided as Follows:

Part A: Analyzing Case and Fact Scenario (Landlord and Tenant Course):

Part A begins in the Residential Landlord & Tenant Law course, where students are required to answer a series of questions related to the case study in order to analyze the fact scenario, identify the issues, and apply the correct law.

Part B: Client Interview (ADR Course):

Part B is completed in the Alternative Dispute Resolution course. After learning about the facts and issues in the case in Part A, students are required to prepare questions for their client, in order to verify facts and gain a further understanding of the case in Part B. Students will conduct a mock interview, where they will present their questions to the client, in order to gather more information regarding the case. This is to establish interviewing skills with a client. The presentations from all students will exhibit different interviewing styles by each student.

Part C: Legal Advice via Offer to Settle Letter Drafting (Landlord and Tenant Course):

Part C will be introduced in the Residential Landlord & Tenant Law course, and in this task the students are asked to offer their legal advice to the client with respect to an Offer to Settle by way of a letter.

Part D: Legal Advice for Mediation (ADR Course):

In the case scenario: the offer is rejected by the client, which will then require the students to offer their legal advice to the client regarding Mediation. This task is completed in Part D, in the Alternative Dispute Resolution course. Part C & D are important, because the students learn to advise the client regarding legal avenues prior to commencing a legal action.

Part E: Application to LTB (Landlord and Tenant Course):

Part E, in the Residential Landlord & Tenant Law course, teaches the students how and what type of LTB Application to complete. In addition, students are required to search the rules in order to properly serve the Application on the opposing party.

Part F: Mock Mediation

Lastly, Part F will ask the students to prepare for a Mock Mediation as per the client's instructions. Students are required to assign roles in their groups and allow each student to participate. The client will accept a settlement, this is where the students will draft a Settlement Agreement and include the terms accepted during mediation. This task is completed in the Alternative Dispute Resolution course.

CASE #3 - NON-PAYMENT OF RENT, NOISE COMPLAINTS, UTILITIES

ASSIGNMENT DESCRIPTION AND GUIDANCE

This assignment is used in two courses, namely, Landlord and Tenant and ADR. The marks will be calculated separately for each course. The purpose of the assignment design is to provide the students with a flow of how a case is handled through the initial stages to settlement.

Prior to reading the facts below, your instructor will assign the roles, the representatives of the Landlord or Tenant. Once you have your role for your group, read the case scenario. You will then complete the required tasks as outlined in the Major Assignment handout.

Information missing, such as last name, address, telephone number, and can be created by the student at the discretion of the legal instructor. The dates are not inserted to avoid limitation issues and students are to use the current date to work backwards from.

CASE STUDY: Non-Payment of Rent, Noise Complaints & Utilities

John (Landlord) applied for an Order to terminate the tenancy and evict Michelle Barrenwark (Tenant) from Unit 4B, because the tenant did not pay the rent that they owe.

Three months ago, from today's date, the Landlord woke up to the sound of someone knocking loudly on his front door. He opened the door to find his tenant of Unit 4B, standing before him very angry. The tenant had arrived home from her nightshift to find her driveway blocked by the Landlord's car, and a padlock on the door of her rental unit.

For the past 2 months, the tenant has been behind on her rental payments. The Landlord had tried to contact the tenant regarding the overdue rent on several occasions. When the landlord could not get her attention, he decided to block her driveway and lock her out of the unit. A shouting match ensued, which was only brought to an end when the tenant called the police. The police ordered the Landlord to remove both the car and the lock on the door.

Things got worse a week later when Tenant experienced water, internet, and power outages at her unit 4B. She called the Landlord to complain about this.

The Landlord was frustrated with the fact that the Tenant was still behind with her rent and the fact that her neighbors were constantly calling him to file noise complaints against her. She shared the unit with her three adult sons. The landlord decided to take steps to evict the tenant and her family from the unit.

Note: Cases will not be provided to you in a perfect order of facts, issues, and damages. You must apply critical thinking, knowledge, and attention to detail in order to identify the items, count days and figure out calculations. Research, Research, and Prepare!

Tip: Place your facts in order. Look at the case from every lens, Tenant, Landlord, and the Adjudicator.

ASSIGNMENT - PART A: LEARN THE CASE

ASSIGNMENT DESCRIPTION AND GUIDANCE

Answer the following questions in a Legal Memorandum Format.

1.If you were representing the tenant in this matter, what would be the first step that you would take?

2.If you were representing the Landlord in this matter, what would be the first step that you would take?

3.What are the facts, issue(s), and damages, if any?

4.What evidence would you request if you were acting for the Landlord?

5.What evidence would you request if you were acting for the Tenant?

6.Are there any deadlines that must by complied with? Please refer to the appropriate Rule(s) to support your answer.

7.Would the landlord or tenant initiate this claim? What form needs to be completed? Why?

8.In your opinion, what would be the LTB's decision? Explain your position, provide two case laws, which support your position and explain why. Highlight the paragraphs of the case law that supports your opinion and prepare two Case Briefs for your instructor's reference.

9.

ASSIGNMENT - PART C: OFFER TO SETTLE

ASSIGNMENT DESCRIPTION AND GUIDANCE

Answer the following questions.

1.Why is it important to negotiate the issues of the case?

2.What are the issues of your client's case?

3.create a letter to your client offering your legal advice to negotiate the issues of the case.

4.make a letter to the opposing representative, outlining the issues and offering a settlement prior to commencing legal action in the Tribunal. You may choose to mark the letter without prejudice.

5.Once you receive the opposing representative's letter regarding the offer to settlement, make a letter to your client reporting the offer.

ASSIGNMENT - PART E: LTB APPLICATION

ASSIGNMENT DESCRIPTION AND GUIDANCE

Answer the following questions.

1.Your client has refused mediation. Prepare the initial forms / response(s) for the Landlord and Tenant Board (LTB). File and serve. Don't forget the Certificate of Service.

2.Provide the opposing party with your documents issued at the LTB.

3.make a letter to your client, enclosing the forms / response. Offer your legal advice in writing.