You are a new law clerk, just hired by the law firm, Oak and Field, LLP, located at 74 Forestry Circle, Suite 11A, Toronto, Ontario, M3J 7Y6. Tel.: 416-555-5551, Fax: 416-555-5552. Your supervising lawyer is Leif Pineland. Leif has been practicing law for 12 years and has law society licence number is 5678993L.

You have been asked to assist with a litigation file. Upon review of the file notes, you have the following information:

• Arthur ('Artie') Weaver is a sole proprietor. He runs a business, under the trade name of Weaver Refurnishing, which specializes in refinishing and reupholstering furniture. Artie has come to your law firm for assistance with an unpaid debt.

• Weaver Refurnishing's business address is: 27 Button Boulevard, Unit 12, Toronto, Ontario, M8D 2V7.Tel: 416-555-1111

• Artie has told your firm that Weaver Refurnishing provided refinishing and upholstery services to Alpha Computer Consulting Corp. Artie' contact person at Alpha Computer Consulting Corp. was Ms. Wallace Wiley. Under the terms of the agreement full payment was due within 30 days of service, and unpaid amounts would be subject to 12% interest per year.

• The refinishing and reupholstery was completed in late October of 2022. Artie sent out invoice #12-345-1022 for the total amount of $12,995 (being $11,500 plus HST). The invoice stated that the due date for payment in full was November 30, 2022.

• No payments received, despite repeated follow-up by Artie during the following months.

• In March 2023, Leif Woodland sent a demand letter to Alpha Computer Consulting Corp.Alpha Computer Consulting Corp. still did not respond or make any payments.

• The statement of claim was issued on May 23, 2023, and it was given Court file number SC-08547-23. The claim sought the unpaid invoice amount, the contract interest rate, and costs. The required Affidavit of Jurisdiction was also filed at that time.

• On the statement of claim, the parties were named as follows:

Arthur Weaver, also o/a Weaver Refurnishing

Plaintiff

- And -

Alpha Computer Consulting Corp., also o/a 4567891 Ontario Inc.

Defendant

• Your law firm hired Stella Server, a process server, to serve the claim. Stella served the statement of claim, on May 25, 2023, by handing the claim to Wallace Wiley at the business location of Alpha Computer Consulting Corp. Stella's fee for this service was $90.40 (which includes HST)

According to recent research by your firm:

• Wallace Wiley is a director and officer of Alpha Computer Consulting Corp.

• The business address of Alpha Computer Consulting Corp. is 257 Industry Avenue, Toronto, Ontario, M8H 8L7. Tel.: 416-555-3333.

PART A: Drafting a Default Judgment (15 marks)

Alpha Computer Consulting Corp. had 20 days to serve and file a statement of defence but failed to do so.

Leif has instructed you to prepare the necessary court documents to obtain a default judgment. You are to locate and prepare the following court documents:

• Affidavit of Service [2 marks]
• Request to Clerk [1 mark]
• Draft Default Judgment [12 marks]

Make sure to correctly state interest rates, interest calculations, and costs, including allcourt filing fees.

You have been instructed to include a claim for costs that consists of legal fees of $113 (charged as a $100 flat rate plus HST), and all out-of-pocket expenses, includingthe bailiff's fee and all related court filing fees.

You are to date these documents as of June 15, 2023.

PART B: Writ of Execution (10 marks)

The default judgment was granted at Small Claims Court in favour of your client on June 15, 2023.

There have not been any payments made to your client by Alpha Computer Consulting Corp. The client gave instructions to proceed with enforcement.

Your firm was able to confirm the defendant, Alpha Computer Consulting Corp. owns, free of any liens or encumbrances:

• Delivery truck: a 2022 Ford 150 van, VIN 123456789BV
• Office furniture
• Three Lenovo ThinkSystem computers, with serial numbers: 123-asd-789, 456-fgh-159, and 753-klp-795

All of these assets are all located at the defendant's business address. (The defendant confirmed that it does not own the business premises but leases it from a landlord).

Your supervising lawyer, Leif Woodland, has now instructed you to prepare the necessary documents to obtain and enforce a Writ of Seizure and Sale for the above assets owned by Alpha Computer Consulting Corp. You are to locate and prepare the following court documents:

Affidavit for Enforcement Request [4 marks]

Writ of Seizure and Sale of Personal Property [3 marks]

Direction to Enforce Writ of Seizure and Sale of Personal Property [3 marks]

These documents are to be dated July 28, 2023.