Debtor Creditor Rights

85 views 8:37 am 0 Comments March 28, 2023

ASSIGNMENT #1

PLBA 3501 – Debtor Creditor Rights

 

DISTRIBUTION DATE: week of Jan 16th

 

DUE DATE: Friday March 10th, 2023 by 5pm – via blackboard portal

 

MARK DISTRIBUTION: 20% and will be marked out of a total of 30 points.

 

  1. This is an INDIVUDAL assignment and should be completed alone. You are NOT permitted to discuss your work on the written submission or provide any student with a partial or complete draft of your written submission. However, I am permitting you to discuss the general content of the material.

 

  1. Please ensure your name, course title/section and student number are in the header of your assignment.

 

  1. The assignment should be typed in 12 point, Times New Roman font and double -spaced. Students should NOT adjust the margins on the document.

 

Late submissions will be penalized 5 marks for each day the assignment is late, including weekends and scheduled study breaks. Assignments will be accepted, with penalty, up to 3 days late. Therefore, assignments submitted 4 or more days after the due date will not be marked – a grade of zero will be recorded. 

 

 

CASE STUDY

 

  1. 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 note to 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; nothing has happened since.

Because Foot has not defended, and the time for filing a defence has passed, please prepare the necessary documents to sign default judgment on April 28, year 1. The original statement of claim 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 the statement of claim. It is rumoured that Foot owns property in Toronto and Oshawa, so be sure to take 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 signing judgment 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 include the following information based on the scenario above. /15 marks
  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. /5 marks

 

  1. Draft an Ontario Superior Court Judgement which includes the sum payable to the Plaintiff.                                                                                                 /5 marks

 

  1. Draft an Ontario Superior Court Writ of Seizure and Sale which directs the seizure of real and personal property of the Defendant. /5 marks