Julian Harris Case Study - Civil Claim Forms - Law Assignment Help

Assignment Task:

Please complete the following questions. Each question is worth 2 marks.

Question 1: What court was this case heard in?

Question 2: What is the style of cause for this case? (names of parties)

Question 3: In which province was the case heard? 

Question 4: When did this judgment take place?

Question 5: What is the Docket Number?

Question 6: What is the proper legal citation for this case?

Question 7: Who was the trial court judge in the original hearing?

Question 8: What was the criminal charge against the defendants? 

Question 9: What were the facts that led to this appeal?

Question 10: What did the trial court judge find against the defendants?

Question 11: What was the final decision of the Court?

Question 12: Who was the Judge?

Question 13: Who were the lawyers and which law firms represented the parties?

Civil Claim Forms

For this project, please download the forms from the Provincial Court of Alberta website based on the following facts. (10 marks each)

Facts

Plaintiff (Civil Claim)

Julian Harris is a mechanic in Calgary. He had been approached by his friend, JoJo Bethany on July 2, 2020, because JoJo’s car was defective in some way. More specifically, the car (Ford Topaz, 2014) has defective brakes, wheel alignment problems, oil leaks, and electronic problems with the dashboard. Julian agreed to inspect the vehicle on July 5, 2020, and confirmed all of these problems, and more. He noticed that the tires had very low pressure, the windshield was damaged beyond reason (it was difficult to see from the driver’s seat), and the windshield washer fluid was always leaking. As such, Julian suggested major repairs. He offered to repair for $950.00. JoJo agreed. There was no written contract - only oral promises made to each other. Julian works at Julian’s Shop at: 433 Marvin Getty Way, SW, Calgary, AB, T7R 8U5. 

On July 5, 2020, JoJo gave $500.00 cash to Julian to start the job. She left the vehicle in his repair shop over the weekend. On Monday, she arrived at the shop to pick up her vehicle, but it wasn’t completely repaired (as promised). JoJo was a little angry, and took the vehicle without paying. At the time, Julian was not in the shop, but was out running some errands. When Julian returned to his shop and found out about JoJo taking her car, he became upset, as she did not pay the rest of the balance of $450.00 owing to him (as promised). 

Assume that it is now August 15, 2020, and that after repeated attempts to contact JoJo, Julian is unable to receive payment for the remaining balance. He is now planning to sue her.

Please fill out the CIVIL CLAIM form on his behalf.

Defendant (Dispute Note)

JoJo argues that none of the stated facts above are true. She gave $500.00 to Julian on July 5, 2020. However, her reason for not giving him the rest of the money had to do with personal problems and health problems. She is going through some domestic violence issues at home with her husband. As well, she has been hospitalized on July 8, 2020, for developing complications from her last kidney surgery (she has proof of these medical records). She was then off of her work for four weeks due to her doctor’s recommendations (she has proof of this as well). 

JoJo argues that when she picked up her car, she noticed no improvements to it. Nothing was done to resolve the rest of the car problems. So, she decided that Julian was not interested in repairing the car completely. She waited for Julian for one hour at the shop, but then decided she needed to go to work. Nothing more was done to the car, and so she does not want to pay the remaining balance, as she says “there was nothing to pay for”.

Please fill out the DISPUTE NOTE form on his behalf. DO NOT complete the Affidavit of Service.

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