Chapter 2: Resolving Legal Disputes Reading >>

CASES Case 1 On April 14,2003, Ogden borrowed $4,500 from his friend Pierpoint. He promised to repay that amount with 20 percent interest before the end of the summer. In June Ogden paid Pierpoint $1,000 but then in the end of August borrowed an additional $5,000, again at 20 percent interest. At that time Pierpoint agreed the whole amount outstanding could be paid back by the end of the year. By the end of that year it became quite apparent to Pierpoint that Ogden had no intention of repaying anything that he owed. Pierpoint has never had to take anybody to court before, and he doesn't know for sure what he should do. His sister strongly advises him to "avoid going to a lawyer or you'll end up getting nothing." What do you advise?

Case 2

Quincy was found liable after a trial in to pay damages to Ralston in the amount of $24,385, as a result of a minor motor vehicle accident on June 23 , 2002. The judgment was made on November 22, 2003. Quincy advised Raltson's lawyers that he would be able to make payment in "a few weeks." It is now March 2004 and so far Ralston has not received a penny. At the time of trial, Quincy had been working as a painter for the school district but he was now unemployed. Ralston knows very little of Quincy's personal circumstances: he's seen Quincy drive a 1991 Toyota Corolla on several occasions. He lives in a house in the Fernwood area; a woman, apparently a "significant other," shares the premises with him. Ralston does not know anything else about Quincy other than these few details, but he does know he wants to get his damages paid. What advice do you have for Ralston?

Case 3

In 2002 a municipal councillor, Sparrows, both in municipal council chambers (September 23) and then later out on the front steps of city hall to members of the press (October 1), made some very disparaging remarks about the apparent lack of moral scruples had by Tarnowski, a developer in the city in some things he had done with some property. These remarks were subsequently proven to be in fact not true, and eventually Tarnowski decided to sue for defamation. On October 1, 2004, Tarnowski filed a Writ of Summons at the local court registry office. This Writ was served on Sparrows October 4. Sparrows filed an Appearance two weeks later. Tarnowski now wants to obtain default judgment against Sparrows. Comment on the success of his being able to do so.