Make a Schedule A for defence.

Provide relevant Ontario cases.

use the photos as reference

Assignment #2: Defence (10%) FACT SCENARIO: Your client, Andrew Richardson is being sued by the Plaintiff, Thomas Clementine for an unpaid loan in the amount of $14,500.00. By way of promissory note, Thomas Clementine advanced his friend, Andrew Richardson a loan in the amount of $14,500.00 on November 12, 2021, to be paid back by November 12, 2023. As the loan was not paid back by November 12, 2023, Thomas commenced an action against Andrew. Andrew has retained your services to assist him in filing a Defence. Review the attached Plaintiff's Schedule A and Client Meeting Memo in order to draft the requisite forms and the appropriate Schedule 'A' to the Defence. Assume the claim was issued on April 19, 2024, and served on your client by personal service on June 21, 2024. Andrew Richardson's Information: 76 Broadway Avenue Milton, Ontario, L9T2T1 Phone: 226-745-4228 Email: andyrich@outlook.com Thomas Clementine's Information: 310 Mackenzie Drive Milton, Ontario, L9TOJ4 Phone: 905-986-4897 Email: tclement@yahoo.ca INSTRUCTIONS FOR ASSIGNMENT: You are to draft the requisite forms needed for filing a Defence as the licensed paralegal for Andrew. You work at KMG Legal Services located at 135 Fennell Avenue West, Hamilton, Ontario, L9C OE5. Additional Details like - PI number, method of service etc. can be made up as long as it is in accordance with the rules. Provide/Mention any documents or evidence you would need to attach in support of the allegations. You do not need to create actual exhibits, just reference them in the Schedule A. Tip - remember possible options available to your client - admitting part and full liability, suggesting a payment plan or denying all the allegations. You will need to take a position based on the facts and details provided.1, SC-00-456788-00 SCHEDULE 'A' The Plaintiff claims: a. $14,500.00 in liquidated damages, b. Pre- and post-judgement interest at a rate of 3.6% per year, compounded annually, in accordance with the contract between the plaintiff and the defendant dated November 12, 2021. c. Alternatively, pre- and post-judgement interest thereon pursuant to the Courts of Justice Act, d. The costs of this action, and, e. Such further and other relief as this Honourable Court deems just. The Plaintiff, Thomas Clementine, (hereinafter \"the Plaintiff\") resides at 76 Broadway Avenue, Milton, Ontario, L9T 2T1. The Defendant, Andrew Richardson (hereinafter \"the Defendant) resides at 310 Mackenzie Drive Milton, Ontario, L9T0J4. Pursuant to a promissory note dated November 12, 2021, the plaintiff loaned $14,500.00 to the defendant on November 12, 2021. A true copy of the promissory note is attached at Tab 1. In accordance with the agreement, the loan was to be paid back in full by November 12, 2023. The plaintiff states the defendant has paid back $2,750.00 to date. A true copy of the e- transfer is attached at Tab 2. The plaintiff acknowledges that the defendant advised him on May 2, 2024, that he was laid off and was unable to pay the amounts owed in full by the agreed upon date. A true copy of the e-mail correspondence is attached at Tab 3. The plaintiff acknowledges the parties came to an agreement that the defendant would complete some landscaping work around his home in lieu of payment for part for all or part of the debts owed. The plaintiff acknowledges some work was completed by the defendant, however, only odd jobs of no significant value. On or around March 4, 2024, the plaintiff advised the defendant he no longer required his services and wished for the debt to be repaid in full. The plaintiff submits the defendant is in breach of contract for failing to pay back the loan by November 12, 2023. As a result of the breach of contract, the plaintiff respectfully submits the amount of relief being sought be paid in full including applicable interest, costs, and any other relief the Honourable Court may deem just. INTERNAL MEMO DATE: June 22, 2024 To: Internal Memo to Client File From: RE: Client Meeting - Andrew Richardson Small Claims Court for Non-Payment of Loan BACKGROUND: Client came in on June 21, 2024, and met with our office. He retained our services to assist him in drafting a defence for a non-payment of loan in the amount of $14,500.00 Client borrowed money from his friend, Thomas Clementine on November 12, 2021, to be paid back on November 12, 2023. Andrew borrowed the money due to unforeseen urgent home repairs that needed to be done in the winter of 2021-2022. At the time of borrowing, our client worked as a landscaper for a landscape and pool company named Paradise Pools & Landscaping for 14 years. A copy of the Plaintiff's claim and Schedule A were provided for review. REVIEWING SCHEDULE AWITH CLIENT: The client advised the following facts and versions of events: - advised he is being sued for non-payment - agrees to the amount of the loan as outlined in the claim - agrees only $2,750.00 was paid back to date by way of cash - advised that in 2022 and 2023 he was on and off work because of layoffs/shortage of work. Client provided our office with an email dated May 2, 2023, advising the plaintiff of his current situation and offered an exchange of services in lieu of payment in part of the debt owed. - Plaintiff agreed to our client's proposal to exchange work to lower debt owed. - Client disagrees with the amount that the plaintiff is seeking as he agreed to trade off work for some of the debts Client provided text message exchanges with the Plaintiff dated May 10, 2023, June 2, 2023, July 11, 2023, August 27, 2023, and February 2, 2024, confirming he completed the agreed upon tasks. Client advised he provided the following services between May 2023 to February 2024: o general yard maintenance, including snow removal, cleanup of the yard in spring, lawn mowing, and trimming trees and shrubs; cleaning and maintaining the in-ground pool and pool surround,; painting the garden shed, plus removing the shed's old shingles and replacing them with new shingles; building four raised beds for flowers and vegetables; and installing stone pathways around raised beds. From the services outlined above, the Plaintiff paid for the paint and shingles for the shed, and the lumber and other materials for the raised beds. However, paid nothing for our client's services, as agreed. In March 2024, the plaintiff advised he no longer required our clients services and our client was shortly served with the claim for the full amount. Client advised the amount being claimed is the full amount of the loan and does not take into consideration his work completed. To substantiate the value of work completed by our client, he obtained a quote from Paradise Pools and Landscaping. The approximate value was $6,950.00. A copy of the invoice was provided to our office