Small Claims Court 2 BCTA 207, Humber College, Fall 2016 Assignment #2 - Drafting a motion GENERAL GUIDELINES Grading: This assignment will be worth 15% of your final grade in this course. The assignment will be marked out of 50. It is due by the end of week #13, December 2nd, 2016. Guidelines 1. The materials you submit should be typed, using the appropriate Small Claims Court forms as required, and saved to PDF or Microsoft Word files. It's up to you to figure out how to do this. No signatures are needed. File numbers may be made up. 2. There must be a cover page, not included in the length, which must contain the assignment name, course name and student name. 3. Academic Misconduct: All Humber College and Business School Academic Standards and Regulations apply. Please refer to your student handbook for more information. Occurrences of academic misconduct, specifically plagiarism, will be taken very seriously. 4. You may do this assignment in groups of two (2) if you wish, but both members of the group will receive the same mark. 5. Download the appropriate form or forms as needed and complete and draft the documents correctly as required. The motion forms and other documents are to be drafted as they would be for filing with the Small Claims Court. 6. The assignment is due by the end of week #13, the week ending December 2nd, 2016. A late penalty of 5% per day will be applied if submitted after December 2nd and the assignment will not be accepted after December 9th. Please indicate clearly the names of the group members when you submit the assignment. 7. Submitting the assignment must be done electronically through Blackboard using the Assignments function. No paper copies will be accepted. No emailed copies will be accepted. MOTION SCENARIOS AND METHOD You are a licensed paralegal, contacted by your new client to draft and file a motion, prepare affidavits, research and provide case law, attend the motion hearing etc. You represent the moving party. The action is taking place at the Toronto Small Claims Court. There are four different motion scenarios. You can choose any one you wish. While I have provided the motion request choices, it's up to you to make up the facts and evidence that are a part of your motion. Be creative. The possible scenarios are: 1. You wish to have the court grant your motion to strike the other side's claim or defence. You can choose the reason for the request. You can choose whether you are plaintiff or defendant. 2. You wish to have the court grant your motion for a new trial because of new evidence that has recently become available. What you argue is up to you. You can choose whether you are plaintiff or defendant. 3. You wish to have the court grant your motion for a new trial as your client did not show up for the first trial. You can choose the reason. You can choose whether you are plaintiff or defendant. 4. You represent the plaintiff. Your client and the other party came to an agreement prior to the trial and signed an agreement resolving the claim. The other side made some payments, but then stopped. You wish to have the court grant your motion for a judgment in the amount of the unpaid balance of the claim. You are expected to submit at a minimum the motion form, the included affidavit plus one additional affidavit, with at least one exhibit attached to each. In addition as part of your motion materials you should have at least one case to support your motion request. You should also include an affidavit of service showing \"when, where, to whom and what\" the service included. If you write a factum in support of your motion, arguing the law (specifically the case you have provided) and applying the law to the facts in your affidavits, I will award up to 3 bonus marks depending on the quality of the factum. In addition, you will be marked on the following questions which you may answer on a separate sheet, worth one mark each: 1. What is the cost of filing your motion with the court effective November 1st 2016? 2. How many days prior to the hearing of the motion must you serve the other party? 3. How many days prior to the hearing of the motion must you serve the court with the motion materials