Assume that you are a law clerk. You work for Hubert Smith (LSO No. 58585L), a partner at the firm of Jones, Laird & Associates LLP. Hubert has been a lawyer for 15 years. His usual fee is $270 per hour. He spent 1.0 hours preparing and drafting the statement of claim. Your rate as a law clerk is $80 per hour. You spent 1.5 hours on the preparation of the default judgment documentation.

The firm represents Cotton Systems Ltd. in their lawsuit against Medical Supply Inc. The attached Statement of Claim was issued on February 8, 2024, and it was served on the defendant on February 9, 2024. Your firm paid the process server a fee of $80 plus HST for serving the claim. An Affidavit of Service has already been filed at Court.

Assume that no Statement of Defence has been or will be filed. Your client has now instructed you to proceed and to obtain default judgment against the defendant.

The firm's HST number is R521451.

TO DO: 1. Draft a Requisition for Default Judgment 2. Draft a Default Judgment 3. Draft a Bill of Costs

INSTRUCTIONS:

Assume that you are submitting the documents to the court on March 6, 2024, for signing that day. Claim the contract interest rate for all interest calculations and amounts, as stated in the attached statement of claim Note: Back Pages are not required

Court File No. 4724/24

use the following documents

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

COTTON SYSTEMS LTD.

Plaintiff

and

MEDICAL SUPPLY INC.

Defendant

STATEMENT OF CLAIM

TO THE DEFENDANT

A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOUby the plaintiff. The claim made against you is set out in the following pages.

IF YOU WISH TO DEFEND THIS PROCEEDING,you or an Ontario lawyer acting for you must draft a statement of defence in Form 18A prescribed by the Rules of Civil Procedure, serve it on the plaintiff's lawyers or, where the plaintiff does not have a lawyer, serve it on the plaintiff, and file it, with proof of service, in this court office, WITHIN TWENTY DAYS after this statement of claim is served on you, if you are served in Ontario.

If you are served in another province or territory of Canada or in the United States of America, the period for serving and filing your statement of defence is forty days. If you are served outside Canada and the United States of America, the period is sixty days.

Instead of serving and filing a statement of defence, you may serve and file a notice of intent to defend in Form 18B prescribed by the Rules of Civil Procedure.This will entitle you to ten more days within which to serve and file your statement of defence.

IF YOU FAIL TO DEFEND THIS PROCEEDING, JUDGMENT MAY BE GIVEN AGAINST YOU IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU. IF YOU WISH TO DEFEND THIS PROCEEDING BUT ARE UNABLE TO PAY LEGAL FEES, LEGAL AID MAY BE AVAILABLE TO YOU BY CONTACTING A LOCAL LEGAL AID OFFICE.

Date: February 8, 2024 Issued By: Amy Garner

Local Registrar

393 University Avenue

Toronto, Ontario

M5G 1T4

TO: MEDICAL SUPPLY INC.

557 Gurney Lane

Toronto, Ontario

M4X 3K2

1. THE PLAINTIFF CLAIMS:

(a) payment of the liquidated debt, in the sum of $45,750, as owed by the defendant to the plaintiff;

(b) prejudgment interest on the sum claimed at the rate of 12% per annum, in accordance with the terms of the contract entered into by the parties, or, in the alternative, pursuant to the Courts of Justice Act,R.S.O., 1990, ch. C43;

(c) postjudgment interest from the date of judgment to the date of payment in full;

(d) the plaintiff's costs of this action; and

(e) such further and other relief as this Honourable Court deems just.

2. The plaintiff is a corporation that manufactures cotton fabric. Its head office is in the City of Toronto, Ontario.

3. The defendant is a corporation that manufactures and supplies medical linens to health provider clients. Its head office is in the City of Toronto, Ontario.

4. On August 7, 2023, the plaintiff and the defendant executed a contract whereunder the plaintiff would deliver a large supply of cotton fabric to the defendant, and the defendant would pay the plaintiff the sum of $55,750, inclusive of HST.

5. On August 10, 2023, the plaintiff delivered the cotton fabric to the defendant at its warehouse in Toronto, Ontario. On August 10, 2023, the defendant made a down payment of $10,000 to the plaintiff and provided a promise to pay the balance of $45,750 to the plaintiff on or before September 10, 2023.

6. In accordance with the terms of the contract, the parties agreed that if the balance were paid on or before September 10, 2023, no interest would be charged; and if the balance were not paid on or before September 10, 2023, simple interest of 12% per annum would be charged on the outstanding balance.

7. Despite repeated demands from the plaintiff, the defendant has refused or otherwise neglected to pay the balance due and owing.The only money that the plaintiff has received from the defendant, to date, has been the $10,000 down payment made on August 10, 2023.

8. The plaintiff proposes that this action be tried at the City of Toronto.

DATED at Toronto this 8th day of February, 2024.

Jones, Laird & Associates LLP

Barristers & Solicitors

123 Anywhere Blvd.

Toronto, ON M1S 2E4

(416) 4444618

Hubert Smith, LSO No.58585L

Answer rating: 100% (QA)

ANSWER Requisition for Default Judgment ONTARIO SUPERIOR COURT OF JUSTICE Court File No 472424 BETWEEN COTTON SYSTEMS LTD Plaintiff and MEDICAL SUPPLY ... View the full answer