INSTRUCTIONS - MAJOR COURSE WORK

MATERIALS AND RESOURCES

Textbook: Legal Research Step by Step 5ed. Blatt, Kurtz; Emond Software: Microsoft Office Websites: https://www.canlii.org/en/ opens in new window https://www.lexisnexis.ca/en-ca/home.page opens in new window https://www.ontario.ca/laws opens in new window

COURSE WORK DESCRIPTION

This assignment engages you in taking a research problem from beginning to end using the fact situation provided. You will focus on how to examine a fact situation and the legal issues that arise from it. You will also focus on analyzing the various legal authorities provided to you. You will be required to demonstrate your ability to record your research, analysis, and conclusions by drafting a legal memorandum/memorandum of law.

Working with the case scenario below, familiarize yourself with the facts. Analyze, interpret, and apply the facts to the appropriate legal authorities.

Case Scenario

Mr. Jones, a self-proclaimed neighbourhood activist, assisted a resident in his community, Ms. Sunshine, in a fence dispute with another neighbour, Mr. Donut. In Y-1, Mr. Jones was sued by Mr. Donut for defamation. In the same year, the Court ordered Mr. Jones to pay Mr. Donut $50,000.00 for defamation.

On January 1, Y0, Ms. Cranberry, a journalist, with a regular column in the triOS Tribute newspaper, wrote a column about the Court's decision in the case between Mr. Donut and Mr. Jones. The column was titled "No Sunshine and Donuts Here", which was published by the triOS Tribute on January 2, Y0, both in print and online.

Mr. Jones has now sued Mr. Cranberry and triOS Tribute (the "Defendants") for $5,000.00, alleging that the column was defamatory of his character. You represent the Defendants. The Defendants are asking you if the Court could strike Mr. Jones' claim.

Without knowing the facts in the claim or the nature of the article, review, analyze and interpret the legal authorities provided to you and draw a conclusion that responds to your clients' question. Submit the entirety of your research in the form of a legal memorandum.

Legal Authorities Small Claims Court Rules - Rule 12.02 (1) and (2) Van de Vrande v. Butkowsky, 2010 ONCA 230 O'Brien v. The Ottawa Hospital (Civic Campus), 2011 ONSC 231 (Div. Ct.)) Cummings v. Burlington Radio Control Modelers, 2018 CanLII 123232 (ON SCSM)

COURSE WORK STEPS

1. Familiarize yourself with the details of the fact pattern provided. Facts will not be provided to you in perfect order and some facts may not be relevant.
2. Review, analyze, and interpret the governing laws that have been provided to you. You are not required or permitted to rely on additional case law or legislation.
3. Using Quicklaw or CanLII, locate the following cases:
   1. Van de Vrande v. Butkowsky, 2010 ONCA 230
   2. O'Brien v. The Ottawa Hospital (Civic Campus), 2011 ONSC 231 (Div. Ct.))
   3. Cummings v. Burlington Radio Control Modelers, 2018 CanLII 123232 (ON SCSM)
4. Read each case and prepare a written case brief for each case. Review the guidelines for creating a case brief in the handout provided. Ensure that each case brief includes the following elements:
   1. Citation
   2. Procedural History
   3. Facts
   4. Issues
   5. Decision
   6. Reasons for Decision.
5. Revisit the fact situation above and identify the relevant facts, and the relevant issues to assist you with researching the legal problem using the legal authorities provided to you.
6. Predict the outcome after analyzing the facts and the law.
7. Prepare a legal memorandum using the format in the handout provided. Your legal memorandum with case briefs included should not be more than 7 pages. The memorandum and the case briefs must be typed, double spaced, 12-pt. font in Times New Roman. Remember to proofread for spelling, grammar, and punctuation.