Legal Memorandum and Opinion Letter Assignment

Assignment Task

Fact-scenario

On January 2nd, 2020, John Smith lent the sum of $4000 at 5% simple interest payable per year. This sum was lent to Ray Dean (your client). The money lent was repayable at $100 per month beginning May 1, 2020. Thomas was able to make payments from May 2020 until April 2021 (for a total of $1200 repaid). Thomas was not able to make payments after that date as he lost his job due to the COVID-19 pandemic. The last payment was made April 1, 2021.

On or about February 3rd, 2023, Ray Dean telephoned John Smith and promised solemnly to start making payments as of February 15th, 2023 toward this debt. No further payment was ever made.

On September 10th, 2023, Ray Dean was served with the Claim outlining the amount still owing, that all payments had ceased in April 2021, and that Ray Dean had further promised in February to re-commit to making payments (but had not).
Ray Dean, your client, has come to your office on September 15th, 2023 (pretend that it is September 2023) and wants you (in addition to filing a defence which you are NOT doing for this assignment) to answer the following questions:

a) What is the effect (if any) of Ray Dean calling on February 3rd, 2023 to promise to continue making payments (please provide justification for your answer); and

b) Identify at least 2 (TWO) methods by which this claim could be disposed of
(dismissed or concluded) by order of a third party (or judge) WITHOUT going to a full trial (please note that this means one of those methods CANNOT be a negotiated or mediated settlement).

Please ensure that any case law that you find that supports your conclusions in the legal memo are 'noted up' to ensure that you have the most recent discussion of the legal principles and/or interpretation of statutory provisions. Please remember that this court claim has been filed in the Small Claims Court of Ontario.

This assignment requires that you follow a proper research plan/process to use the provided fact-situation to discern the legal issues, the areas of law to research, the essential. 

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