Assignment Description:

$1.$ The Rationale:

The object of this assignment is to communicate your knowledge about the Small Claims Court

settlement conference process and attempt to resolve a client$$s case by preparing Terms of

Settlement in accordance with the Rules of the Small Claims Court.

$2.$ Instructions:

Students may complete this assignment individually or with ONE other student if they wish.

Students working in partners must ensure that both student names appear in the header of the

submitted assignment document. Only one submission from the partner group is necessary.

To complete this assignment, students should refer to the textbook, class lecture notes, Power

Point Slides or PDF $($from Units $7$ and $8$ especially$),$ the Rules of the Small Claims Court, the

Paralegal Rules of Conduct, and the Paralegal Professional Conduct Guidelines. You may NOT

use open AI $($ie$.$ Chat GPT$)$ to complete this assignment. All aspects of the academic integrity policy

will be strictly enforced.

Assignments are to be formatted according to the following guidelines:

$$ Tonya Flenderson $($paralegal for the plaintiff$)$ is a sole practitioner with an office at: $7899$

McLaughlin Rd$.,$ Brampton, ON$.$ L$6$Y $5$H$9$ email help$4$u@Flendersonlaw.ca phone $905-459-$

$7533$ LSO # P$12345.$

$$ Bobby Wong $($paralegal for the defendant$)$ is a sole practitioner with an office at $401$ King St$.$

West, Suite $20,$ Toronto, ON M$5$H $2$E$2$ email itwasntme@Wonglaw.ca phone $415-977-2456$

LSO #P$98765$

$$ Answer all questions in complete sentences using proper sentence structure, spelling, and

grammar.

$$ You must communicate in a clear, concise, and precise manner using appropriate and

professional language in writing.

$2|$ Page

$$ Do not copy the question into your answer submission document. Your assignment submission

must be a maximum of four pages long $($with $1\mathrm{.}5$ spacing$)$ not including the Terms of

Settlement Form

This assignment corresponds to the following learning outcomes, as indicated in the Sheridan Course

Outline for LAWS$16446$:

$2.$ Identify the proper legal parties to a Small Claims Court proceeding.

$3.$ Apply the Small Claims Court Rules to resolve a client$$s case.

$7.$ Identify the specific rules relating to service, disclosure of evidence, default proceedings,

amendments,

disposition before trial, pre$-$trial conferences, offers to settle, and costs.

$9.$ Effectively draft terms of settlement.

Read the fact scenario below and answer ALL of the questions on pages $5-6$ in a separate

Word document.

On September $27,2024,$ at $11$:$00$ am$,$ Deputy Judge Cutler arrived at the Brampton Small Claims

Court $($room H$13)$ to facilitate a mandated settlement conference between parties in the case of Flood

$($cob Elegant Bride$)$ v$.$ Nelson $($Claim No$.$ SC$-00-9876543).$ At $11$:$05$ am$,$ Deputy Judge Cutler

opened the door to look into the hallway $$ it was quite busy for a mid$-$morning at $7765$ Hurontario St$.$

He called out for the parties to please join him in the small conference room. Julianne aka $$Julie$$

Flood and her paralegal Tonya Flenderson followed the judge into the conference room and took a

seat at the rectangular table.

After a couple minutes of awkward silence, Deputy Judge Cutler checked his watch and asked if Julie

and Tonya had seen or heard from the opposing party at all this morning since the settlement

conference was scheduled to start at $11$:$00$ am$.$ Tonya told the Deputy Judge that she had had some

experience dealing with the defendant$$s paralegal, Bobby Wong, on a few other cases and that Bobby

was often late for meetings and court appearances. $$That guy has no consideration for anyone else$$s

time,$$ She complained, $$He is the worst and I$$m shocked the LSO continues to let him be a paralegal.$$

Bobby Wong had actually arrived at the courthouse with his client two minutes ago, but they were still

circling the parking lot in the car, looking for an open parking spot. $$How was I supposed to know it

would be this crowded,$$ Bobby sighed in exasperation, $$am I supposed to arrive early to everything

just in case the parking lot is full?$$

Just before walking into the building, Bobby$$s client, Antoinette Nelson had confidentially instructed

Bobby to try to settle this case for $$4,000\mathrm{.}00-$ $$4,500\mathrm{.}00$ total. Antoinette agreed with Bobby that her

case was strong, but she did not want the stress of a trial over an incident that she now considered to

be of minor importance. She was pregnant with her first child and wanted to focus only on the baby $$

that$$s what mattered to her now. She also did not want to risk losing at trial and then be required to

pay for her own legal costs as well as those of Ms$.$ Flood!

At $11$:$15$ am$,$ Bobby Wong knocked loudly on the door of room H$13$ and then entered with his client.

Despite hearing no apology for their tardiness, Deputy Judge Cutler politely invited Bobby and his

client to sit at the other side of the table.

The Deputy Judge began the settlement conference with an opening statement, $$This is the first

settlemen