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You represent Nathanial Petrovic, the plaintiff in an action for recovery of $5,000 he loaned to the defendant, Jonathan Brown. There is no written agreement

  1. You represent Nathanial Petrovic, the plaintiff in an action for recovery of $5,000 he loaned to the defendant, Jonathan Brown. There is no written agreement as to the terms of the loan; however, the plaintiff has a written receipt signed by the defendant acknowledging receipt of the money and stating that the full amount will be repaid on or before February 1, 2016. The defendant failed to pay the full amount on or before February 1, 2016. Mr. Petrovic made several demands by phone and email but has received no payment whatsoever on account of the amount owing. The claim was filed and issued in the London Small Claims Court on April 2, 2016. On April 4, 2016, attempt was made to serve the claim personally on the defendant at his current place of residence in Toronto, Ontario. Service could not be effected because he was not there, so the claim was served by leaving a copy in a sealed envelope addressed to the defendant with a person at the defendant's place of residence who appeared to be an adult member of the same household, and on the same day mailing another copy of the document to the defendant at the defendant's place of residence.

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