We issued a claim against Ophelia Foot on March 23, year 1. Foot had signed a promissory noteto our client Rapacious Lenders Ltd for $60,000 on August 1, year 0. The note was due on December
CASE STUDY
B. Head
8701 – 365 Bay Street
Toronto, ON M5A 1J3
tel.: 416-782-1234
M E M O
DATE: April 26, year 1
TO: U.R. Clerk
FROM: Bodley Head
RE: Default Judgment?Rapacious Lenders v Ophelia Foot
We issued a claim against Ophelia Foot on March 23, year 1. Foot had signed a promissory noteto our client Rapacious Lenders Ltd for $60,000 on August 1, year 0. The note was due on December 1, year 0. It provided for interest at 12 percent per year from the time it was past due until payment. Interest has been claimed on this basis. The claim was thus for $60,000.00 plus interest on the overdue amount. On March 1, year 1, Foot paid $2,000 on account, but nothing has been paid since. Foot was served with the statement of claim on March 24, year 1; nothinghas happened since.Because Foot has not defended, and the time for filing a defence has passed, please prepare thenecessary documents to sign default judgment on April 28, year 1. The original statement ofclaim and affidavit of service are in the file, together with a receipt for $60.00 (inclusive of HST)for service of the claim and a receipt for $220.00 from the court for the fee paid to issue thestatement of claim. It is rumoured that Foot owns property in Toronto and Oshawa, so be sure totake that into account when requisitioning the writ of seizure and sale.You have spent 1 hours preparing the statement of claim and another 0.6 hours for signingjudgment and assessing costs. As a legal representative, you charge $250 per hour.Please prepare the relevant documents/forms to sign Default Judgment.
1. Draft an Ontario Superior Court of Justice Requisition for Default Judgement, includethe following information based on the scenario above.
2. Draft an Ontario Superior Court of Justice Bill of Costs, showing the Amounts Claimed for Fees and Disbursements, which would include fees associated with issuing and serving both the Statement of Claim and Requisition for Default Judgement.
3. Draft an Ontario Superior Court Judgement, which includes the sum payable to the Plaintiff.
4. Draft an Ontario Superior Court Writ of Seizure and Sale, which directs the seizure of real and personal property of the Defendant.
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