Question
Bethany Howe and Todd Ford started dating on November 15, 2022. It was Bethany'sbirthday and she had met Todd that evening at a party her
Bethany Howe and Todd Ford started dating on November 15, 2022. It was Bethany'sbirthday and she had met Todd that evening at a party her friends had planned for her.One year later, on November 15, 2023, Todd invited Bethany out for a special dinner attheir favourite restaurant. After dinner, Todd reached into his coat pocket and pulled outa beautifully wrapped box which he gave to Bethany. Bethany assumed it was herbirthday gift and was overjoyed with the beautiful diamond and sapphire ring Todd hadgiven her. Todd then got down on one knee and asked Bethany to marry him. Bethanysaid yes and was so excited to be marrying Todd. Todd placed the ring on her finger.Bethany and Todd began to plan their wedding, which they were hoping would be inToronto in the spring of 2024.Unfortunately, trouble began a few weeks ago. Todd was caught cheating with anotherwoman. When Bethany confronted him about this, he admitted that he had beenunfaithful on four other occasions with different women. Bethany was devastated andbroke off their engagement. Todd asked Bethany to return the ring, which he said was agift given in contemplation of marriage. Bethany thinks she is entitled to keep the ringand has refused to return it. She claims it is her birthday gift. She also claims that sincePage 1 of 3
Todd's infidelity caused her to end the engagement, he is at fault, and therefore shedoes not have to return the gift. Todd wants to start an action in Small Claims Court torecover the ring.Assume that you are a licensed paralegal and Todd is seeking your advice on this SmallClaims Court matter.1. Identify the legal issue(s) raised by the fact situation above.2. State the name and citation of the statute (and regulation if applicable) that isrelevant to the issue(s) you identified and provide the text of the relevantprovision(s). (Copy the text exactly as it appears in the statute/regulation.)3. Provide the name and citation of one relevant Ontario case decided after 2011.Summarize the ratio or legal principle in the case. If the case sets out a legal rule ortest, identify the elements of this rule or test. You may quote relevant passages fromthe case.4. Apply the law to the fact situation provided and discuss the likely outcome for Todd.Summarize what you have concluded based on your analysis and application of therelevant law to the facts provided.5. Explain how you found the relevant law. State what sources you used and then setout, in detail, all the steps you took to find the applicable statute/regulation and caselaw. If you used the Canadian Encyclopedic Digest (CED), include the name of therelevant subject title, the number and name of the relevant topic, and the numberand name of the relevant paragraph number that contains the general statement oflaw. If you used the Canadian Abridgment Digests, include the relevant subject titleand classification number. You must describe the search method you used to findthis information. For example, if you used a plain language search, state this andthen set out the keywords or question you entered. If you used a Terms andConnectors search, state this and then set out the Boolean search you used. Besure to also state which pre and/or post search filters you used, if applicable.
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