If Abigail commences the proceeding in Brampton but wishes to have it tried in Toronto, what does she do?

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2. Fiona Flapdoodle must prepare the defendant's statement of defense. She wants to know what she needs to include and in what order.
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4. If a defendant wishes to deny that he or she entered into an agreement, how does the defendant do this.? Identify the Rule and explain.
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6. When should a reply be delivered?
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8. In what situations should you demand particulars?
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10. When might a lawyer move to strike all or part of a pleading?
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12. If Abigail's claim is served and filed, and it appears to be frivolous and vexatious, does the defendant's counsel have to take steps to challenge
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14. Suppose Abigail starts frivolous and vexatious proceedings with some frequency, and she is now about to commence another proceeding. Can she?
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Discussion Question:

1. Draft the body of Huey's affidavit.

Johnson Eversharp retained Huey Sue to act for him in a complicated piece of commercial litigation. The pleading stage has closed, and the opposition has served Huey with a notice of examination for discovery of Johnson to be held on August 14, year 0. On August 3, year 0, Huey's law clerk phoned Johnson but got the answering machine. This happened on four subsequent days. Phone calls and emails to Johnson's home got no better results. The date of discovery is rapidly approaching. Huey decides that this client is not cooperating and wants to get off the record before there are further difficulties. The client still has $1,000 to his credit in the law office trust account, which will cover services to date.

Draft a notice of application for Tom

1. What are the contents of an application record? Specify the Rule.

And provide that an application record must contain the following information.

1. Brad Pout, an avid horse enthusiast, met an experienced horse trader, Tom Craze. They discussed their mutual interests over lunch on several occasions and decided to go into partnership to carry on the business of buying horses. Brad contributed $100,000 to the partnership and Tom was to buy the horses, but he contributed no money. They did buy and sell many horses and made a big profit, but they eventually had a falling out. Tom now wants to dissolve the partnership. There is $700,000 in the partnership bank account. Tom wants his half of the $700,000 because he says that he contributed all the work. Brad says Tom is only entitled to $300,000, which amounts to 50 percent of the profit after Brad deducts the money he put into the partnership in the beginning. Tom is relying on section 5 of the Partnerships Act,¹⁰ which allows a partner to make an application to the court for a dissolution of the partnership when circumstances have arisen that make it fair for the partnership to be dissolved. He wants the court to order that he receive $350,000 from the partnership's remaining assets.

Answer rating: 100% (QA)

ANSWER To address the series of questions and tasks provided lets go through each one systematically Abigails Change of Venue Abigail can file a motion with the court requesting a change of venue from ... View the full answer