DRAFTING ASSIGNMENT
Winter 2021
INSTRUCTIONS:
1. The due date for this assignment is Friday March 12, 2021 by 11:59 pm. The assignment must be submitted online.
2. The assignment must be keyboarded, and the appropriate court forms must be used. You may use forms from ontariocourtforms.on.ca, O’Brien’s Encyclopedia of Forms, or ACL software. You should follow the Rules of the Small Claims Court when drafting and formatting your documents.
3. Include a cover page with your assignment that includes your name along with the course name and your course code and section.
4. Each document should be prepared in the format in which it would be in if uploaded for filing with the court. Documents should be named, for e-filing purposes, using the new Standard Naming Protocol which you can find at point 8 in the following Notice: https:
www.ontariocourts.ca/scj/notices-and-orders-covid-19/consolidated-notice/#8_Standard_document_naming_protocol.
Background Information:
Our client, Kawartha Medical Clinic Ltd.(the clinic), is a non-profit corporation operating a medical clinic for residents and visitors. It is located at 555 Parkham Road, Kawartha Lakes, Ontario K0H 1L0. Their phone number is XXXXXXXXXXThe clinic has a close connection with Ross Memorial Hospital (Ross Memorial) in Lindsay, Ontario.
Dynamic Drone Delivery Services Ltd. (Dynamic) is a corporation located at 40 Angeline Street, Lindsay, Ontario K9V 4M8. Their phone number is XXXXXXXXXXDynamic provides delivery of goods by drone in the Kawartha Lakes area.
On April 20, 2020, the clinic signed a one year contract with Dynamic for weekly delivery, by drone, of a medical supply package to be shipped from Ross Memorial to the clinic. The shipments would include delivery of medical surgical masks and other personal protective equipment (PPE). Shipments were to be made every Friday morning commencing April 24, XXXXXXXXXXThe drone was to land at the clinic at 11:00 am on Fridays. The cost of delivery was $100 a week with all monies for the service to be paid up front. A copy of the invoice confirming payment by the clinic for the drone delivery service is attached.
The clinic was fully prepared, on April 24, 2020, to receive the first shipment by drone. They hired a part time receiver (at the rate of $20 per hour) to work 2 hours every Friday morning to await the drone’s a
ival at the designated clinic landing site and to open and inventory the materials shipped. The clinic had hired Don’s Contracting to build a drone landing site adjacent to the clinic. Lights were installed to help with landing in poor weather conditions. The cost of construction was $1500 plus HST. A copy of the receipt for the construction of the landing site is attached.
On Friday April 24, 2020, Graham Green, the manager of the clinic and Wendy Noss, the part time receiver waited for the first delivery from the drone. They waited until noon. Graham called Norton Nash, the manager of Dynamic, who said that there had been technical problems at their end and that unfortunately the drone could not deliver that day but that they would send it next Friday. He promised to extend the contract by one week to make up for the missed delivery.
On Friday May 1, 2020 the drone a
ived at 1:00 pm when Wendy’s shift was just ending, however, she remained and was paid for one extra hour of work that day. When Wendy unpacked the box it was empty. Graham called Norton. Norton said, “Oops, I wonder what happened there? I’ll get back to you.” At this point the clinic was running low on PPE and had to order in a shipment of PPE from Amazon at a cost of $100 plus HST.
On Friday May 8, 2020 Norton emailed Graham at 11:30 am to state that due to bad weather the drone was not going to run that day. Graham had, prior to entering the contract, been assured by Norton that the 180SXL Model Drone was state of the art, weather resistant and could land accurately in any conditions due to a special laser eye sensor. Graham relied on this representation by Norton when entering into the agreement. Wendy was sent home early but with full pay as per her contract with the clinic.
On Friday May 15, 2020 the drone a
ived at noon. The drone’s a
ival was extremely noisy. The drone made a sound that, according to Graham, was akin to gun shots being fired. He received several calls from residents of the nea
y Quiet Place Retirement Home informing him that the sound had distu
ed several residents. Graham, had advised Norton, at the time of purchase, that, given their proximity to the Retirement Home, they needed a quiet drone. Norton had assured him that the 180SXL Drone was their quietist model and that it was no louder than a normal household fan. The following Friday, May 22, 2020, the drone a
ived at 11:45 am and made the same gun fire noises. Graham once again called Norton and Norton promised to check the engine on the drone’s return. When Wendy unpacked the box she discovered that diapers, not PPE, had been shipped. Another order, through Amazon, for PPE at $100 plus HST was required. Norton assured Graham that it would not happen again and that he would give him an extra week of drone delivery for free. Graham will provide us with the receipts from Amazon before any settlement conference.
On Friday May 29, 2020 the drone made the same gun fire noises and while landing knocked out the lighting system on the landing pad, sending glass everywhere. Don, the contractor came by and cleaned up the mess and replaced the lights at a cost of $200 plus HST. Don has yet to provide a receipt but one will be coming. At this point Graham was beginning to question the value of the drone delivery system.
On Friday June 5, 2020 the drone did not a
ive at all. Once again Wendy had to be paid for 2 hours of work that she did not ca
y out. Norton said that there was a problem with rain at their end. Graham was now wondering how the drone delivery would work in snow if it could not work in rain. Norton assured him that they were working it out and said the contract would be extended to cover the missed dates.
On Friday June 12, 2020, the drone a
ived but, as it was coming in for a landing, it grazed the clinic’s roof, taking out their internet receiver and telephone system. The box of supplies came loose from the drone, landed on the highway and was run over by a truck. The inventory was not recovered. With no phones or computers the clinic had to close for the rest of the day. Staff payroll costs for the missed afternoon of work plus Wendy’s wages for that date total $540. The drone was supposed to be constantly monitored during take off, flight, and landing by Dynamic and adjustments made to its flight path so that it would not hit anything. The cost to repair the internet receiver and phone system was $250 plus HST. The clinic has requested a copy of the invoice from the service provider. Graham told Norton that he would only give the drone delivery service one more try and if it failed again then he would not be using it any longer and would be requiring a full refund plus damages. The drone landed perfectly at 11:00 on Friday June 19 and again on Friday June 26, 2020 ca
ying its full load of PPE.
On Friday July 3, 2020, the drone a
ived, making the gun shot noises. Upon its a
ival it veered away from the landing pad and crashed through Graham’s office window, knocking over his antique globe. The globe was damaged beyond repair. The globe had been worth $650. The appraiser’s report confirming this will a
ive shortly. Thankfully, no one was hurt. Graham telephoned Norton and told him that that was the end of the contract and that he was seeking a full return of all monies paid and an additional $650 for the loss of his globe and $1000 plus HST for window repair work. Norton said that he was so
y but that they were doing the best they could and offered a credit for an additional week of delivery. Graham said that was insufficient and that he would be speaking to his paralegal. Graham terminated Wendy’s services and provided her with a $500 severance payment.
Graham has now come to see you, Pat Paralegal (LSO P1555), at your paralegal office, Seneca & Associates, 22 Main Street, Lindsay, ON K9V 3T2, XXXXXXXXXX, XXXXXXXXXX. The clinic has hired you to commence a lawsuit against Dynamic for:
i. A full refund of the $5200 +HST paid under the contract for the year of drone delivery service.
ii. The sum of $180 paid to Wendy for days when the drone failed to appear plus $500 for Wendy’s severance payment.
iii. The sum of $540 paid to cover wages paid to Wendy and other staff members for the afternoon that the clinic had to close when the drone cut off the phone and internet services.
iv. The sum of $200 plus HST for the two Amazon orders for PPE.
v. The sum of $650 for compensation for the demolished antique globe.
vi. The sum of $1000 plus HST for window replacement.
vii. The sum of $1500 plus HST paid to Don’s Contracting to make the landing pad.
viii. The sum of $200 plus HST paid to Don’s Contracting to fix the lights.
ix. The sum of $250 paid to the internet and phone service provider to repair the system.
x. Aggravated and punitive damages in the sum of $5000 for knowingly continuing to send a defective drone to the clinic and causing loud noises that te
ified nea
y retirement home residents.
xi. Pre and post judgment interest in accordance with the Court of Justice Act rates
xii. Costs.
Draft the Following Documents in this case:
1. Draft a plaintiff’s claim on behalf of the clinic against Dynamic. The claim will be issued in Lindsay, Ontario on Fe
uary 5, 2021. Use the above alleged facts in the claim. Remember to plead any applicable legislation. (10 marks)
2. Norton, the president of Dynamic was served with the claim at Dynamic’s office on Fe
uary 8, XXXXXXXXXXBilal