Fact Situation

Edris York wishes to initiate a Small Claims Court action against Mega Contracting/ Moon.

Plaintiff's Story

Mr. Edris York hired Mega Contracting operated by Moon to do some renovations on the outside of his house for a total price of $14,500.00.

The work was never completed and Mr. York has the following issues with the renovation. Mr. York says that he paid the contractor $14,500 to build a staircase and retaining wall, install a glass door, railing and motion light. Mr. York also paid $2951 to another landscaping company to fix the property. Mr. York also says that the work is bad, the condition of the property is a mess, the job is not done and he wants his property put back the way it was. Lastly, says that Mr. Moon is avoiding him and wants to sue Mr. Moon.

He has some documents that support what he is saying.

Defendant's Story

Mr. Moon says that he was willing to complete the job, but Mr. York fired him from the job and kicked him off the job site. He also says that Mr. York demanded half of the money back but he already spent a lot of money on this job and offered to refund Mr. York $2,000.00

He has some documents that support what he is saying. Your instructor will send the documents to your group.

The parties cannot resolve the disagreement at settlement conference and the case is going to trial.

I need help drafting closing arguments on these case. Jurisdiction Ontario, Canada

CLOSING ARGUMENTS

Objective: To provide a clear and persuasive summary of: (1) the evidence you need to prove the case, and (2) the weaknesses of the other side's case.

Advice in Preparing - What should be included:

• Thank the judge for his / her time and attention.
• Isolate the issues and describe briefly how your presentation resolved those issues.
• Review the witness testimony. Outline the strengths of your side's witnesses and also the weaknesses of the other side's witnesses. (Remember to adapt your final statement to reflect what the witnesses actually said rather than relying on just the anticipated weaknesses of the other side.)
• Closing arguments should not be composed entirely before trial since they should highlight the important developments for each side that occurred during the trial. Relaxed and informal statements are likely to be more effective.
• Review the physical evidence. Outline the strengths of your evidence and also outline the anticipated weaknesses of the other side's evidence. (This section too must be adapted at trial.)
• State the applicable statutes and case law which support your side.
• Remind the judge of the required burden of proof.
• Argue your case by stating how the law applies to the facts as you have proven them.
• Don't forget to confidently request the remedy you desire.