Question
Your assignment is to read the case study provided after these instructions, and to analyze all the legal issues that arise in the case. Provide
- Your assignment is to read the case study provided after these instructions, and to analyze all the legal issues that arise in the case. Provide a thorough analysis. Start by: a. ensuring that you have identified all the legal issues. Consider all of the parties, and think about who can sue whom, and why
- b. organize your answer, and then
- c. start writing your analysis, analyzing each legal issue one at a time.
Do not group analysis for several issues together - complete the analysis for one issue (including remedies) and then move to the next one.
USE THE FRAMEWORKS FOR ANALYSIS TAUGHT TO YOU IN CLASS. Do not provide "general" answers, and do not start with a summary of facts. Refer to relevant facts as part of your analysis of legal issues.
CASE STUDY:
Keerthana Singh and Simon Ko recently received their paralegal licenses and began their practice as paralegals under the name Singh & Ko Paralegals LLP in Mississauga, Ontario. They signed a partnership agreement that specified their roles, capital contribution (how much money each one of them would contribute to the practice), share of profits and included other important clauses, including one that stated that neither of them could open a paralegal practice anywhere in the Greater Toronto Area for 5 years after they left Singh & Ko LLP. Keerthana focused on representing clients in Small Claims Court, while Simon's practice focused on representing clients at the Landlord and Tenant Board. Over time, they developed a very busy, successful practice, hiring several other paralegals to join them. Keerthana worked very hard and never turned down a case. She was very competent but was feeling increasingly exhausted and worn out.
On September 3, 2023, Keerthana was working late at her office when she realized that she had a trial scheduled for the next day. It was too late to contact the court or the other party's legal representative to seek an adjournment. Keerthana stayed up late to try her best to prepare for the trial. On the trial date, Keerthana was tired and did not call all the witnesses that she had planned to call to give evidence, because she had not contacted them to be present on the court date. She only called her client as a witness. The client (the defendant in this case) lost the case and had to pay damages to the plaintiff. The client was furious.
"You said we had a very strong case! And where were the witnesses that we planned to call? Why was the judge criticizing you for not submitting caselaw to support our position? You should have been prepared!" yelled the client.
Keerthana assured the client that they would discuss the matter later, and left as soon as possible.
Several weeks later, one of the paralegals who worked for Singh & Ko Paralegals LLP (Anthony) was attacked in the parking lot when they arrived at work. The person who attacked Anthony was named Costa. Costa said "Tell your boss that there'll be more of this coming - next time it will be her. She owes my brother the money he had to pay that idiot who sued him." Anthony immediately quit, and several other paralegals followed suit. Business slowed down drastically for Singh & Ko Paralegals LLP.
Anthony was so disturbed on the date of the attack that he decided to go to the Roaring Dragon Pub to get a drink. Unfortunately, he kept drinking past the point of intoxication. The bartender was his friend, and although he warned Anthony, he gave into Anthony's requests for more beers. Later, Anthony told the bartender he was going to the washroom, but instead, he decided to leave the pub. Sadly, when he stepped outside, he stumbled on the sidewalk and fell into the street. While he was not hit by a car, he sustained significant injuries to his leg. He lived with significant pain and a limp for the rest of his life, and became quite depressed as a result.
Meanwhile, Simon decided that he no longer wanted to work with Keerthana, and instead, wanted to start his own paralegal practice. Keerthana was very upset and threatened to sue Simon, but Simon ignored her. He started his own practice called Pro Paralegal in Brampton, Ontario.
To start his business, Simon approached his uncle, Jack, for a loan. He told his uncle that he needed $10,000.00 to sign a lease for office space and buy furniture and equipment for the office. He promised
to pay his uncle back as soon as possible. Jack had always had a special relationship with his nephew, Simon, and wanted him to be successful. He transferred $10,000.00 to Simon's account.
Happy that his uncle had agreed to transfer the $10,000.00 to him, Simon called a friend to meet him at a local bar for a few drinks. Simon was quite intoxicated when his real estate agent (Yuri) told him that he had the perfect office available for lease. Yuri asked Simon to come to see the space immediately, as there were several people interested in it. Simon went to the office and loved the space. Yuri asked him if he had been drinking as Simon's speech was slurred, and Simon laughed, "Yeah... just a couple of drinks. Where do I sign?"
Unwilling to let this transaction slip away, Yuri showed Simon where to sign the documents and finalized the arrangements with the landlord. The next day, Yuri called Simon and asked told him that he emailed a copy of the lease to Simon. Simon was shocked. He was recovering from a bad hangover and could not remember what had taSimon place the day before. Yuri reminded him and told him to check the lease.
Over the next week, Simon was busy with client files. He did not check the lease until two weeks later. When he read it, he was angry and immediately called Yuri.
"Why would you ask me to sign a lease that has this amount of rent? I can't afford that!" Simon told Yuri. "Get me out of this lease!"
"I'm sorry," said Yuri. "You signed the lease and now you have to live with it."
A year passed and Simon's uncle, Jack, asked Simon to repay the $10,000.00 because he needed the money for his own business. Simon kept avoiding his uncle's calls and finally told him, "Look, stop calling me because I'm not going to pay you back. Move on." Jack was shocked and decided to sue Simon in Small Claims Court for repayment of his $10,000.00.
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