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1. The Moving Party’s Factum (10%) 3 PAGES AND REFERENCES DUE DATE JULY 19TH (8 AM) 2. The Responding Party’s Factum (10%) 3 PAGES AND REFERENCES DUE DATE JULY 24TH (8AM) 3. A reflection (10%) 2 PAGES...

1. The Moving Party’s Factum (10%) 3 PAGES AND REFERENCES DUE DATE JULY 19TH (8 AM) 2. The Responding Party’s Factum (10%) 3 PAGES AND REFERENCES DUE DATE JULY 24TH (8AM) 3. A reflection (10%) 2 PAGES DUE DATE JULY 24TH (8AM) You will work in pairs for this assignment (one person will draft the moving party’s factum and the other person will draft the responding party’s factum). The reflection will be done individually. Please see Blackboard for some examples of factums. I will provide you with a sample factum in class as well. Your factum should consist of the following parts: 1. Statement of the Case/Overview/Nature of Motion 2. Facts 3. Issues and Argument 4. Order Sought Please see the examples for the formatting and “look” of the factum. Scenario Your client, Sally Sales, was employed in Toronto as a sales manager at a department store. Sally traveled to Ottawa for a work conference. When she was in Ottawa on July 7, 2016, she rented a car from Ontario’s Finest Rentals (OFR) and accepted OFR’s offer of a Loss Damage Waiver. Sally rented the car at the airport, and the rental was for three days. The cost of the Loss Damage Waiver was $35 per day. OFR advised Sally that the Loss Damage Waiver was not an insurance policy, but Sally did not sign anything stipulating that the Loss Damage Waiver was not insurance. When Sally was driving from the airport to her hotel, it started to rain heavily. The road was covered in water, and Sally’s rental car stalled and would not start. Sally contacted OFR, and OFR sent a tow truck for the stalled car. On July 15, 2016, OFR discovered that Sally’s rental required a new engine. The cost of the new engine was $8,500. OFR sued Sally for $8,500 in Small Claims Court as OFR claimed that the Loss Damage Waiver did not cover water damage. Sally was very upset by OFR’s position and ignored the Plaintiff’s Claim. OFR can prove that Sally was personally served with the Plaintiff’s Claim on September 8, 2016. OFR obtained default judgment against Sally on June 10, 2017. Sally now wishes to bring a motion under Rule 11.06 of the Ontario Small Claims Court to set aside the default judgment, and she has hired you to argue the motion for her. You have decided to write a factum to support your motion to set aside the default judgment. The paralegal for OFR is also submitting a factum in response to your motion.



Oct 07, 2017
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