Question
Fact Situation Angelina Jolly was visiting Niagara Falls, Ontario. While she was driving near the falls, her car was struck by a car driven by
Fact Situation
Angelina Jolly was visiting Niagara Falls, Ontario. While she was driving near the falls, her car was struck by a car driven by Jennifer Annistone. Brad Pitts, a driver in another car, witnessed the incident; he gave his name and telephone number to Angelina before Angelina was taken by air ambulance to Toronto Slicendice Hospital. While Angelina was recuperating at the hospital, a nurse entered her room in the middle of the night and stole an extremely valuable ring.
After her release from the hospital, Angelina retained your law firm to bring two separate actions: one against Jennifer Annistone, for damages for her injuries and the cost of replacing her car; and one against the Slicendice Hospital for the theft of her ring.
There are some preliminary matters for your firm to consider. Read the questions below and suggest how you would go about finding the information required.
a. What is the monetary jurisdiction of the Ontario Superior Court of Justice? Of the Ontario Small Claims Court?
b. What is the filing fee for a claim in the Ontario Superior Court of Justice? In the Ontario Small Claims Court?
c. How can you find the location and telephone number of the Superior Court or Small Claims Court office where your firm will file the statement of claim?
d. You need to contact the witness, Brad Pitts. Unfortunately, Angelina lost his telephone number, but remembers that he lives in Los Angeles, California. How can you find Brad's telephone number?
e. Angelina is claiming that she suffered neurological injuries in the accident. If the action goes to trial, your firm will need an expert witness in the field of neurology to testify about the effects of Angelina's injuries on her ability to work. Where can you find an up-to-date list of all neurologists registered in your province?
f. Angelina has an insurance certificate valuing the stolen ring at US$23,950. In order to determine whether legal action should be brought in Small Claims Court or Superior Court, you need to know the Canadian dollar equivalent of the US dollar amount at today's exchange rate. Where can you find this information?
g. Legal research brings to light the somewhat similar Ontario case of Holmes v. Kidman, and your firm would like to obtain the advice of the lawyer who was named in Holmes as counsel for the plaintiff. How can you find the lawyer's address and/or telephone number?
h. A court summons will have to be served personally on Angelina's hospital roommate, who was in the next bed when the nurse made off with Angelina's ring. Angelina happens to know the roommate's home telephone number, but not her street address. It doesn't seem like a good idea to alert the roommate to the summons by calling her. How can you use the roommate's telephone number to find out her address?
i. Your firm is a busy one and has matters besides Angelina's to deal with. Turning to your brimming inbox, you discover you have to send a package to the Banff Springs Hotel in Banff, Alberta, but the courier service won't accept the package without a postal code even though you have provided the rest of the address. How can you find the postal code without telephoning the hotel?
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