Question
Assume you are the Law Clerk to B. Head. Your Lawyer has left you the following instructions in a Memo. You are to prepare documents
Assume you are the Law Clerk to B. Head. Your Lawyer has left you the following instructions in a Memo. You are to prepare documents to sign default judgment in the following case. Use the following steps to help you prepare the appropriate documents.
Assignment Steps:
- Determine how much is owing on the day you sign default judgment.(please ensure you include your spreadsheet on how you calculated the pre-judgment interest)
- Determine the total amount claimed.
- Prepare a Requisition for Default Judgment.
- Prepare a Bill of Costs.
- Prepare the Judgment
B. Head 8701 365 Bay Street Toronto, ON M5A 1J3
tel.: 416-782-1234
M E M O
DATE: September 27, 2022
TO: You
FROM: Bodley Head, Lawyer
RE: Default JudgmentRapacious Lenders v Ophelia Foot
We issued a claim against Ophelia Foot on July 15, 2021. Foot had signed a promissory note (a signed document that is a written promise to pay a stated sum to a person at a specified date) to our client Rapacious Lenders Ltd. for $39,000.00. The note was due on July 1, 2022. It provided for interest at 10 percent per year from the time it was past due until payment. Interest has been claimed on this basis. The claim was thus for $39,000.00 plus interest on the overdue amount.
Because Foot has not defended, and the time for filing a defence has passed, please prepare the necessary documents to sign default judgment on October 3, 2022. The original Statement of Claim and Affidavit of Service are in the file, together with a receipt for service of the claim and a receipt for $220.00 from the court for the fee paid to issue the Statement of Claim. When preparing the bill of costs, remember to include the $160.00 fee for the file requisition for default judgment and $40.00 (includes HST) which was paid to serve the claim. Remember the claim was issued in Toronto court at 393 University Ave. The Court File No.: 1254/22
I have worked on the file and below are my dockets. My hourly rate is $250.00 per hour plus HST and I have 12 years of service.
- Preparing and drafting Statement of Claim on September 23rd time: 1.0
- Signing default judgment and assessing costs time: 0.6
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