Assignment 1 PDF

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Assignment 1 Prepared by Sydney Peister PRLG 5005 Date: November 1, 2019

ONTARIO

Superior Court of Justice

Plaintiff’s Claim Form 7A Ont. Reg. No.: 258/98

Brampton Small Claims Court Seal

Claim No.

7755 Hurontario Street, Brampton ON Address

905-456-4700 Phone number

Plaintiff No. 1

Additional plaintiff(s) listed on attached Form 1A.

Under 18 years of age.

Last name, or name of company

Sarcevic First name

Second name

Also known as

Arthur Address (street number, apt., unit)

123 Fake Road City/Town

Province

Phone no.

Toronto

ON

905-555-5555

Postal code

Fax no.

Representative

LSUC #

The Best Peister; attn Sydney Peister

P15477

Address (street number, apt., unit)

622 The Best Street City/Town

Province

Phone no.

ON

Waterloo

519-654-7283

Postal code

Fax no.

N0B2N0 Defendant No. 1

Additional defendant(s) listed on attached Form 1A.

Under 18 years of age.

Last name, or name of company

Davis First name

Second name

Also known as

Hilary Address (street number, apt., unit)

999 Dog Owner Lane City/Town

Province

Brampton

ON

Postal code

Phone no. Fax no.

A1A 1A1 Representative

LSUC #

Address (street number, apt., unit) City/Town Postal code

Province

Phone no. Fax no.

Les formules des tribunaux sont affichées en anglais et en français sur le site www.ontariocourtforms.on.ca. Visitez ce site pour des renseignements sur des formats accessibles. SCR 7.01-7A (January 23, 2014) CSD

Continued on next page

FORM 7A

PAGE 2 Claim No.

REASONS FOR CLAIM AND DETAILS Explain what happened, including where and when. Then explain how much money you are claiming or what goods you want returned. If you are relying on any documents, you MUST attach copies to the claim. If evidence is lost or unavailable, you MUST explain why it is not attached. What happened? Where? When?

Refer to Schedule A.

SCR 7.01-7A (January 23, 2014) CSD

Continued on next page

FORM 7A

PAGE 3 Claim No.

How much?

25,000.00

$

(Principal amount claimed)

ADDITIONAL PAGES ARE ATTACHED BECAUSE MORE ROOM WAS NEEDED. The plaintiff also claims pre-judgment interest from

February 1, 2019

under:

(Date) (Check only one box)

the Courts of Justice Act an agreement at the rate of

% per year

and post-judgment interest, and court costs. Prepared on: March 1

, 20 19 (Signature of plaintiff or representative)

Issued on:

April 1

, 20 19 (Signature of clerk)

CAUTION TO DEFENDANT:

IF YOU DO NOT FILE A DEFENCE (Form 9A) and an Affidavit of Service (Form 8A) with the court within twenty (20) calendar days after you have been served with this Plaintiff’s Claim, judgment may be obtained without notice and enforced against you. Forms and selfhelp materials are available at the Small Claims Court and on the following website: www.ontariocourtforms.on.ca.

For information on accessibility of court services for people with disability-related needs, contact: Telephone: 416-326-2220 / 1-800-518-7901 SCR 7.01-7A (January 23, 2014) CSD

TTY: 416-326-4012 / 1-877-425-0575

Schedule A 1. The plaintiff claims:

a. $25,000.00; b. Pre-judgement interest on the said sum pursuant to s.128 of the Courts of Justice Act, R.S.O., c. C.43, as amended c. Post-judgement interest on the said sum pursuant to s.128 of the Courts of Justice Act, R.S.O., c. C.43, as amended d. Costs of this action and any applicable Harmonized Sales Tax on the said costs

e. Such further and other relief as this Honourable Court deems just.

2. The plaintiff, Arthur Sarcevic, (hereinafter, “The Plaintiff”) resides in the City of Toronto in the Province of Ontario

3. The defendant, Hilary Davis, (hereinafter, “The Defendant”) resides in the City of Brampton in the Province of Ontario and is the owner of the dog involved in the incident. The particulars of which are set out in detail below.

4. Facts a. The Plaintiff was at a park located in Brampton with his family and noticed a black offleash dog. Shortly after noticing the dog, the Plaintiff loudly called for his grandson. Immediately, the off-leash dog ran to the Plaintiff, bite his arm and knocked him over. As the Plaintiff tried to get away, the dog proceeded to bite his leg. b. The Defendant was not in the immediate vicinity. A witness to the event, Rick, saw the Defendant drive off with the accused dog. Rick wrote down the license plate for the Plaintiff. c. After visiting the Emergency Room, the doctor stitched the Plaintiff’s wounds and

suggested a follow up meeting (see ER Records attached) d. The Plaintiff attended a follow up visit with the family doctor (hereinafter, “Dr. Rasouli”) one week after the incident. Dr. Rasouli removed the Plaintiffs stiches, provided medication, and suggested a follow up for one month from then. At the first follow up, The Plaintiff complained of neck pain; however, Dr. Rasouli believed it was likely due to old age but may be minor whiplash. (Refer to Dr. Rasouli’s clinic notes for full explanation). e. The Plaintiff is currently experiencing increased neck pain and headaches. The Plaintiff is also suffering from Post-Traumatic Stress caused by the incident. He would like to visit a rehabilitation specialist in the future.

5. Allegations a. The Defendant was negligent as she did not exercise reasonable precautions to prevent the dog bite from occurring. b. The Defendant did not exercise the duty of care required by a dog owner. She had a duty to maintain control and secure her dog. As she failed to do so, the Plaintiff suffered physical injuries and pain and suffering. The damages associated were caused directly and proximately by the negligence of the Defendant without any contributory negligence of behalf of the Plaintiff.

5. Damages a. As of the date of preparing this claim, the plaintiff is claiming liquidated and unliquidated damages as follows: a. Liquidated damages; i. Short term physiotherapy: $3,500.00 ii. Rehabilitation counsellor: $500.00 Total: $4,000.00 b. Unliquidated damages; i. The balance of the claim is for unliquidated (non-pecuniary) damages for pain, suffering, mental distress and loss of amenities of life, suffered by the plaintiff as a direct result of the defendant’s conduct.

6. The plaintiff pleads and relies on a. The Dog Owners Liability Act, R.S.O., 1990, c.D.16 as amended

7. The Defendant has failed to reply to memos noting the incident.

Attached documents: ER Record Dr.Rasouli’s clinical notes...