Your client Maxine Bersenas recently bought a computer. She encountered a problem after the first day, and took it back to the store. The clerk assured her that this was a temporary glitch caused solely by her incompetence. She accepted the explanation at the time. Subsequently, she spoke with friends who assured her that she was using the right program and protocol to copy a CD. This is an important part of her business, as she converts photos and videos using old technology to new technology. She has formed the impression that the CD drive is defective. She contacted the store, and they have once again asserted that any problems have been caused by user incompetence and not by hardware defect.Additionally, she has not been able to save any files to the hard drive. This makes the computer useless for the purposes for which she bought the computer.

Maxine bought a "cutting edge" computer with all the bells and whistles, including sound system and back-up drives. The replacement cost is about $15,000.The name of the store is "Reliable Computers R Us Inc." located in Jacksonville, Florida.

1. Assume for this question only that Maxine bought the computer at a store in Brampton and that Maxine lives in Niagara Falls Ontario. Maxine wants to bring the action in Niagara, as this is more convenient for her. What factors may be considered by the court?
2. Section 6 of the Courts of Justice Act;
3. Rule 6
4. The balance of convenience test;
5. Both (b) and (c) are correct.

1. Would it make any difference if Reliable Computers R Us Inc. had a store in Niagara Falls Ontario?
2. Yes, according to Rule 3;
3. Yes, according to Rule 6.01(1)(a)(ii);
4. Yes, according to Section 6 of the Rules;
5. Only if such a decision were agreeable to the good conscience of the Defendant.

1. Assume for this question only that Maxine was allowed to bring the action in the Niagara Falls Small Claims Court. What provision governs service on the corporate Defendant?
2. Rule 27 of the CJA;
3. Section 28 of the CJA;
4. Rule 6;
5. Rule 8.02(c)