On June 1, 2022, Mr. John Johnson, suffered a right knee injury of a serious “meniscus tear” resulting from a slip and fall at his condominium front entrance.
SCENARIO:
On June 1, 2022, Mr. John Johnson, suffered a right knee injury of a serious “meniscus tear” resulting from a slip and fall at his condominium front entrance. He was admitted to Hamilton General Hospital the same day. On June 3, 2022, he was transferred to Toronto General Hospital and had remedial surgery that same day to repair his injured knee. Mr. Johnson had no other health issues prior to this injury. Unfortunately, since the date of this injury to the present time, Mr. Johnson has suffered significant ongoing pain and advises that due to this pain he has abandoned his religious beliefs.
You are a sole practitioner paralegal, practising under your own name. This client attended your 1212 Audi Street, Hamilton, Ontario L1A 2P9 office and hired you as his paralegal to bring a lawsuit for $30,000 in damages against the condominium’s Hamilton, Ontario insurance company, Insurance Security Co. (“INSCO”). The Claim and the Defence have been filed in this Hamilton Small Claims court lawsuit.
At the November 15, 2022, Settlement Conference for this lawsuit, terms of settlement were agreed to by the parties on the following terms:
INSCO will settle the lawsuit without a trial by paying Mr. Johnson a one-time lump sum settlement payment of $20,000 in exchange for receipt of an affidavit from Mr. Johnson confirming the source of, nature of, and latest prognosis for his injury;
Mr. Johnson will provide to INSCO a sworn affidavit detailing the source of, nature of and prognosis for his injury; and
Upon receipt of your client’s affidavit, INSCO will provide a $20,000 certified cheque payable to your client and within 48hrs of receipt thereof, your client will withdraw his claim entirely and sign a release in favour of INSCO releasing it from all claims related to or arising from his said injury.
You review the client file and note the following information contained in this file:
Client: Mr. John Johnson, Suite 505 – 555 Toronto St., Hamilton, ON
Opposing Side: Insurance Security Co., 15 Exeter St, Hamilton, ON L1B 3Q8
Court File No: SC-22123999-0000
Our File No: CV-229876
Court Location: Hamilton Small Claims Court, 45 Main St. East, Hamilton
Injury Date and Initial Diagnosis: June 1, 2022 – Meniscus Tear to right knee
Injury Surgery Date and surgical note: June 3, 2022, surgery by Dr. Jihad Abouali at Toronto
General Hospital – Surgical note = Surgery outcome excellent – prognosis excellent
Client Orthopedic Surgeon: Dr. Jihad Abouali
Injury Diagnostic Report: Dr. Jihad Abouali, dated June 1, 2022
Updated Injury Prognosis Report: Dr. Jihad Abouali, dated October 15, 2022 – states full range of motion to right knee expected to return within 4 months.
Your client has accepted the terms of settlement agreed to by the parties. You must prepare the affidavit required to settle this lawsuit. All materials necessary to prepare this affidavit are contained in the client’s file. On November 24/22, the client will attend at your office to sign the affidavit. Please prepare the requisite affidavit for execution by Mr. John Johnson.
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