Question
You work at the firm of Rief, Black, and Brito. Your client, Gold's Linens Ltd., located in Brampton, Ontario, sold $5,000.00 worth of curtain material
You work at the firm of Rief, Black, and Brito. Your client, Gold's Linens Ltd., located in Brampton, Ontario, sold $5,000.00 worth of curtain material to Nopay Windows on June 2, Y0. Nopay's business is located at 12 South Mall, Unit 1, Toronto, Ontario.
Payment was due on July 2, Y0, after which interest was payable on overdue amounts at the rate of 10% per year. Gold's Linens Ltd. has sent reminders but has received nothing. You previously sent a demand letter giving Nopay Windows 10 days to pay in full. Nopay Windows has failed to respond to the demand letter.
Your searches indicate that Nopay Windows is a partnership. You discover that the names of the partners are Norbert Nopay and Norella Nopay and that they live over their shop at unit 2.
Your client instructs you to ensure that there are enforcement rights against the partner's personal assets. You had the claim issued by the court on September 25, YO (Claim #SC-00-42658-00). Your process server, Byron Lee served the defendant by handing the claim to Norella Nopay on September 25, Y0 at 6:00 pm at her residence
- 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.
- In place of year numbers, 2 characters represent years as follows: *You must use a the full numeric year in your assignment 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
- Review the applicable Rules of the Small Claims Court.
- Review the Handout - Elements of a Pleading- Claim
- Using ACL, prepare the claim and any other necessary documents with proof of service.
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