THE DEFENCE

MATERIAL RESOURCES

Textbook:

Small Claims Court: Small Claims Court Procedure and Practice (5th Edition) S. Patricia Knight Emond

Software:

Microsoft Office

ASSIGNMENT DESCRIPTION AND GUIDANCE

In practice, you will have to look at both sides. In this assignment, you will have to look at the other side of the matter. This assignment will help you by requiring you to re-evaluate the facts.

Further review the facts set out in the claim scenario for Gold's Linens Ltd. and Nopay Windows. You will now take the position of representing the Defendant.

Case Scenario

Your name is Lisa Black, and you work at the firm of Rief, Black, and Brito. Assume there is no conflict of interest. The Nopay's, the partners who run Nopay Windows have come to see you and ask you to handle a lawsuit. They have been served with claim #: SC-00-42658-00. The Nopays want you to file a defence.

The claim indicates Gold's Linens Ltd. has sued them for $5,000.00 for curtain material sold on June 2, Y0 to Nopay by Gold's Linens Ltd. but did not pay. Your clients have told you that the reason they did not pay was that the curtain material was defective. It had defects in the weave and was different in texture and colour from the sample the Nopays had seen when they ordered. They were going to use it to complete an order from the Hotel TriOS, but when the hotel's manager saw the material, he said it was not what he had bargained for with Nopay. The hotel, which would have paid on July 30, Y0, cancelled the $20,000.00 contract on that date, and Nopay lost the sale and the profit it would have made of $6,000.00 on the sale.

Your law clerk, Bob Dayle served the plaintiff by mail on October 15, Y0.

Additional Information

You will need this additional information to enter into ACL. You may make up any contact information not provided.

Lawyer Assigned: Lisa Black File Name: Greco ats Hardwick Proceeding type: defendant's claim. Note: In reality, this would be a defence, however, the software doesn't indicate that option.

Client	Opposing Party
Nopay Windows Address: 12 South Mall, Unit 1, Toronto, ON, Any Postal Code Telephone: Any Norbert Nopay: 12 South Mall, Unit 2, Toronto, ON, Any Postal Code Email: n..t@nopay.com Norella NoPay: 12 South Mall, Unit 2, Toronto, ON, Any Postal Code Email: n..a@nopay.com	Gold's Linens Ltd Address: Any address, Brampton, ON, Any Postal Code Telephone: Any Company Representative: Shane Smith Email: s..e@golds.com Representative: Rief Black Brito- Student Name

ASSIGNMENT STEPS

1. Review the case scenario in detail and focus on material facts and issues. Note: Information for a case is never provided in perfect order of facts, issues, and damages. You must apply critical thinking, knowledge, and attention to detail to perform an adequate analysis.
2. In place of year numbers, 2 characters represent years as follows: Y0 represents the current year Y1 represents one year in the future; Y2 represents two years in the future Y-1 represents one year in the past; Y-2 represents two years in the past Example: If you are reading this in 2021 then Y0 is 2021, Y1 is 2022; Y-1 is 2020 and Y-2 is 2019
3. Review the applicable Rules of the Small Claims Court.
4. Review the Handout - Elements of a Pleading- Defenc