Kenny Mason claim against Jack Rabney c.o.b. Winnebago Man DATE: September 9, 2022 Kenneth (a.k.a "Kenny") Mason (client) details: Age: 25 years Address: 4928 Newton Road, Brampton, Ontario L1L 2M2 Tel.: (905) 555-1212 Business: works as film producer from his home studio Jack Rabney carrying on business as Winnebago Man (opposing party) details: Age: 68 years Address: Winnebago Man, 393 Forefly Rd, Brampton, Ontario L2L 3M3 Tel.: (647) 555-1313 Business: sole proprietor of Winnebago Man RV dealership Kenneth (a.k.a "Kenny") Mason is a young film producer who graduated from Sheridan's Film and Television bachelor's degree program two years ago. Since graduation, Kenny has been keeping busy with passion projects like a documentary about life as a poodle from the perspective of his poodle (Nancy). Kenny has been paying the bills by contracting with local small businesses to shoot cable tv commercial spots. He doesn't particularly enjoy the local tv commercial contracts, but feels it is good experience for his aspiring feature film producing and directing career - he wants to be just like Steven Spielberg! In June 2021, Kenny's college friend Marcia passed his name along to a local business owner wanting to hire a film producer to shoot a commercial tv advertisement for his RV and camper trailer business. Early in the morning on June 20, 2022, Kenny met Jack Rabney, sole owner of Winnebago Man, in person at his RV dealership in Brampton, Ontario. Kenny was immediately impressed with the large and extravagant camper tailers and RV's he saw on the Winnebago Man lot. It was a hot sticky day and Kenny was anxious to get started with shooting the commercial, but Jack insisted on giving Kenny the "grand tour" of the dealership. After beep-beeping the horn on, what had to be, the 14th Winnebago of the morning, Jack finally agreed to sit down with Kenny and review the terms of the services contact. The contract stated that Jack Rabney would pay Kenny Mason $27,550.00 plus 13% HST for six hours of filming. Included in the commercial package were the additional editing, graphics, and music composition required to put together the final film cut for tv air. The final film cut of the commercial was to be completed by July 14, 2022, with hard and digital copies being delivered to Jack Rabney at the Winnebago Man dealership by 5:00 pm on July 14, 2022. Courier delivery costs would be covered by Kenny. Both Jack and Kenny signed the contract on June 20th. Kenny requested a non-refundable deposit of the package price ($15,000.00) at the time of the filming, which Jack provided by certified cheque on June 20th. The remaining balance would be due within 14 days of the delivery of the final film cut and final invoice on July 14, 2022; otherwise, interest on the amount owing would begin to accrue at a rate of 3% annually. While Kenny began to set up his lighting and film equipment for the shoot, Jack could be heard inside the large Winnebago speaking angrily to someone on his cell phone. A few moments later, Jack's sales associate Tony arrived on the set with cold towels, grooming supplies, bug spray, and an iced tea for Jack. Long after Kenny has set up for the shoot, Jack was still getting ready for his big moment on camera. He seemed nervous and anxious about this big commercial. He had already confided in Kenny about feeling the pressure to sell more inventory - the RV business was not doing well.4 | P a g e At last, Kenny yelled, "Take one! Action!" and Jack's loud voice boomed into the grip microphone. That first take led to 345 more takes as Jack's nerves got the better of him and he stuttered through all his speaking lines. Jack became angry at himself, Kenny, Tony, and the Winnebago (which failed to honk on cue when Jack pumped his fist into it). To make matters worse, the flies began to swarm around Jack and his iced tea. The flies found their way into the Winnebago camper (Tony left the door open!) and their swarming buzz interfered with the sound and camera lens during shooting. This made Jack even angrier. He struggled not to curse and swear into the camera during takes, but every other word he said would have to be edited out once Kenny got the tape into the studio. The shoot was a complete disaster with more "out takes" than viable footage. Poor Tony ran off the set in tears after losing the bug spray in the first two hours of shooting. Jack did not want to reschedule a re- shoot and instead told Kenny to "get a clue here and make it work!" Jack just wanted that "gash-darn final cut" for tv. Over the next few weeks, Kenny spent every waking hour in his home studio trying to piece together a final cut of the commercial that Jack would accept. Kenny finished the project on the evening of July 13, 2022. The next day, he couriered the hard copy over to Jack at Winnebago Man. Fed-ex charged him a whopping $55.00 for that same-day delivery. The courier confirmed it was delivered via text at 2:15 pm that day. Kenny also emailed a link to the digital copy of the commercial film along with a final invoice requesting the $16,131.50 balance owing on the contract. When Kenny did not receive payment from Jack on July 28, 2022, he emailed him asking for payment. He also tried calling Jack at Winnebago Man but was told that Jack was away "on vacation" and would return his call later. Kenny called and emailed again a week later, but his call was unanswered, and his email received no reply. Kenny regrets working with this client. If he wasn't so exhausted from the project, he might have actually found the footage of Jack stumbling around and cursing at his Winnebagos quite hilarious. Kenny wants to sue Jack for the balance owing on the contract plus pre and post judgment interest in accordance with the terms of the contract. Kenny has provided the following documents, some of which may be relevant to the claim: 

1. Services Contract between Kenneth Mason and Jack Rabney, dated June 20, 2022. 

2. Final invoice dated July 14, 2022. 

3. Copy of Courier confirmation of delivery package to Jack Rabney on July 14, 2022. 

4. Fed-Ex receipt for $55.00 - dated July 14, 2022 .

5. Email correspondence from Kenneth Mason to Jack Rabney requesting payment on the balance of the contract dated July 28, 2022 and August 1, 2022.

 

Answer rating: 100% (QA)

Based on the provided information Kenny Mason has a strong case against Jack Rabney for breach of co... View the full answer