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REAL ESTATE: Tues., January 29, 2013

(alternate date: Saturday July 6, 2013)

LITIGATION: Tues., March 12, 2013(alternate date: Saturday, July 13, 2013)

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LITIGATION

A diverse area of civil practice that presents you with a wide range of duties and responsibilities which may include legal research, drafting pleadings and preparing documents for court proceedings, preparing documentary evidence, preparing for and assisting at trial, and appeals; and conducting examinations in aid of execution and the enforcement of orders. This course is especially appropriate for those currently employed as law clerks or experienced legal secretaries. A good command of the written English language is a definite asset

REAL ESTATE

This course provides the student with a broad foundation of legal concepts and applications relevant to the legal practice area of residential real estate. All aspects of the basic residential real estate transaction are covered including land division in Ontario, the many faceted land registration system, surveys, title insurance, ownership, the agreement of purchase and sale, the numerous applicable statutes, purchasing, selling, financing, closing the transaction, etc., etc. This course is especially appropriate for those currently employed as law clerks or experienced legal secretaries. A good command of the written English language is a definite asset

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My name’s Colleen Broderick I’m a law clerk and I’ve worked for my boss, who’s a sole

practitioner in Mississauga for about 30 years We have a general practice I took the courses myself to round out my qualifications and

started instructing the ILCO Litigation and Corporate courses about 10 years ago

I don’t instruct the Real Estate course but it does make up a portion of our practice and I have discussed the course with various instructors and have received their input into tonight’s presentation

I do not set or mark the exams and have not communicated with the person who does

My comments are based on my experience as an instructor and also from having been where you are as a student not knowing what to expect

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This presentation is not intended to be a review of either of the courses

It’s meant to address the ILCO exam process as it relates to Real Estate & Litigation

I’m trying to give you some helpful hints on how to approach the course and prepare for the Exam(s)

The information that I’m imparting can be used as you prepare for each of the 4 Associate level courses

It’s meant to put your minds some what at ease with respect to writing an ILCO exam

Nerves are natural & to be expected I hope it will help you to have a better understanding of how to

prepare for the exam as you’re attending the weekly lectures If you have questions regarding specific course content, please

ask your instructor

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The ILCO exams are worth 100% They are testing for a fundamental understanding of the area of study The Syllabus covers the course fundamentals and the Exam is based upon the

content of the Syllabus Real Estate: You may be required to know the names of the various Statutes

that are covered and have an understanding of how those Statutes relate to the course; however you will NOT be required to know statutory section numbers unless it is drawn to your attention in the syllabus materials as being a necessity to explain an answer

Litigation: You may be required to know the names of the various Statutes that are covered and have an understanding of how those Statutes relate to the course. If the Statute is included in the partial open book material you will be required to know specifics (i.e. s. 127-130 of the CJA = prejudgment & postjudgment interest)

You may be required to know various forms that are covered and you may be required to draft them from a scenario

You may be required to make-up information if you need to draft something but make up minimal information because if you go a yard, the exam marker will expect you to make it to the mile point!

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You register directly with ILCO to write the exam and you do not have to write the exam where you take the course

There is are very strictly enforced registration deadline for the exam Real Estate Deadline: Jan. 9, 2012 ~ Exam is written Jan. 31, 2012 Litigation Deadline: Feb. 20, 2012 ~ Exam is written March 13, 2012

Don’t wait until the last minute to register ~~ Have confidence in yourself YOU CAN DO IT

I have to tell you and I’m sure you know, there are alternate/re-write dates available but don’t think alternate or re-write – if you put in your time over the next few weeks, there should be no reason to even mark the date in your diary (unless you have a conflict)!

Real Estate Alternate or Re-Write date: July 7, 2012 Deadline ~ June 15, 2012

Litigation Alternate or Re-Write date: June 22, 2012 Deadline ~ July 14, 2012

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In my opinion if you come to class each week and spend a sufficient amount of time each day on the material (that means setting aside at least an hour a day when you can review the Syllabus and the required textbooks – answering questions in the text and review your class notes) you will be prepared to write the exam and attain a grade of 60%

How much more than 60% depends upon how much more time and effort you put into the course & what kind of an exam writer you are

You can always write the exam again, if needed, but if you put it off because you’re nervous, well, in my opinion, you could get to busy with other things, like your next ILCO course and really do yourself a disservice by not writing first time around

If you decide to try to upgrade your mark and write the exam again, you can do so on any available exam date or alternate/re-write date, the higher mark will stand; however BOTH marks will be on an official transcript

Full registration/appeal and alternate/re-write information is contained in your syllabus

IMPORTANT REMINDER when we’re on the topic of registration – don’t procrastinate when it comes to registering for your next ILCO course – Colleges will not run courses if there are insufficient students registered and procrastination may lead to disappointment.

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ILCO hires an individual who sets the exam ~ the same individual also reviewed the course Syllabus

ILCO receives it well in advance of the actual exam date and upon receipt ILCO provides the exam to another individual to vet it

In vetting the exam they are charged with making sure that the exam is fair and ensuring that it is writeable during the allotted 2 ½ hour time period

They are given the answer key to complete their review of the exam and report their findings back to ILCO together with their comments/suggestions

ILCO forwards them to the exam preparer who then makes any necessary changes before the exam is finalized

ILCO wants you all to succeed No questions are put on the exam to “trick” you although you may have to

make assumptions or make up information in some instances The “trick” is in reading and understanding the question and perhaps the

terminology used Read the questions carefully and make sure that you are giving the answer

to the question you have been asked

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The exam is based on the content of the Syllabus & the accompanying REQUIRED textbook materials

The person who prepares the exam is required to indicate to ILCO the lecture from which the question is drawn

This was implemented to address concerns raised in the past that questions asked about materials not included in the Syllabus

Therefore the Syllabus is you first and primary source of study the examiner is testing your overall general knowledge of the

fundamental materials in the Syllabus Your instructor should be covering ALL material in the Syllabus

and explaining it to you; in part it’s up to you to be prepared for class and then to follow the Syllabus during class and make sure that all information is dealt with

Take ownership in your class – if you don’t understand or something’s not covered - ASK QUESTIONS

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Your class notes which SHOULD enhance the information in your Syllabus If you have difficulty taking notes then tape the class (but tell your

instructor that you’re doing so!) The textbooks are useful tools and each lecture in the Syllabus refers you

to chapter(s) in the text For Litigation, reviewing the Syllabus materials also indicates what

Rules/Forms will be covered during each lecture For Real Estate, the Teraview Online Course is an important & required

element of the ILCO course Beware, however, because in some instances Textbooks may contain out

of date information always defer to what your instructor tells you The textbooks also go into considerable more detail in certain instances ~

this is to assist you in attaining that fundamental understanding of the Syllabus materials – use the questions at the end of each chapter

Your instructor is a resource themselves; they are charged with explaining the Syllabus content to you ~ use them DO NOT abuse them!

TIME is a precious resource…use it wisely and make sure that you set aside enough time each day/week to spend reviewing your resources

One hour each day is recommended

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The litigation exam is a partially open book exam The ONLY text that is allowed to be brought into the exam is a

publication of the Rules of Civil Procedure (there are three (3) available) AND the companion Forms book

MAKE SURE YOU HAVE A 2013 VERSION!! It is very important that you become familiar with the Rules/Forms

books From Lecture 5 onward they are used in pretty much every class There is also valuable information contained in some of the

additional tables (i.e. information on contracts, damages, etc.) Unless the Examiner states otherwise, you will be required to

have a rule/form support for answers on the exam in order to get full marks for your answer

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There is not currently a formal directive from ILCO that outlines what is acceptable as far as notes in the text – you are all adults and should be able to determine what constitutes a “cheat note”

Tab and highlight all you want but it is very important that each of you understand that there is a major difference between making a notation and a cheat note in your text and form books.

By way of example: writing "deny 76?" on form 18A or see R. 1.08 at Rule 38.12 is a

far cry from writing out an entire 5 sub paragraph prayer for relief on form 14A!

You can have absolutely no loose papers in your text or forms books.

the litigation invigilators may walk around the classroom periodically and if he/she sees extensive notes resembling those of cheat notes, the book will be confiscated for the duration of the exam, a photocopy of the notes will be submitted to ILCO, and a note will go on your exam that this has been done. 

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Forms are discussed throughout both courses The exams may include some sort of drafting and, in any event, a law

clerk’s career will definitely include drafting. It is an important element and one that you should familiarize yourselves

with. Drafting is time consuming; my advice is to take your time and work

through exercises that should be provided by your instructor or which are contained in the Emond Montgomery Textbooks.

The more time you spend, the more comfortable you will become doing it and the less stressed you will be at exam time.

An important thing to remember is that the documents which you are drafting from the scenarios are just that drafts – they are not expected to be perfect but they are expected to have the required elements in them.

If forms that you are preparing require calculations; you will be expected to complete the calculations correctly ~ bring a calculator

All forms have required elements that are discussed throughout the course.

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Preparation for the Exam started the minute you walked into the classroom Basically that’s what the ILCO courses are ~ they use the colleges as their

facilitators to present an exam prep course Your instructor is a primary exam prep source as he/she is imparting their

knowledge of the information in the Syllabus and has undertaken to teach it to you

They are hired by the colleges but also undertake to ILCO to instruct the Syllabus material

Every instructor should fully teach the material that is in the Syllabus lecture by lecture week by week

USE YOUR INSTRUCTOR to understand the material in the Syllabus Every student should come to class fully prepared to cover the material

that is in the Syllabus It’s your class take ownership in it – make the commitment – come to class

prepared There is no excuse for not being prepared – you know what the readings

are, you know what’s going to be covered each week, the Syllabus clearly sets this out for you lecture-by-lecture

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You are a TEAM and are working toward the same end- a fundamental understanding of the Syllabus material

Your class is scheduled to run for 3 hours – that’s what you registered for and what your instructor agreed to instruct for – you’re a TEAM for those 3 hours – make them count

Part of exam prep is being prepared to be in the classroom each week for at least 2 ½ hours covering the Syllabus material

Once the Syllabus lecture is finished, move on to questions from previous lectures covered or clarification of material covered during that class or a previous class

Review is part of exam preparation One of the ways I like to review is by question/answer based upon the

previous week’s materials…have the lecture one week, review the next before starting the new material

There are questions in the Emond Montgomery Textbooks that can be used Perhaps suggest weekly review questions to your instructor ~ 6 to 10

questions based upon the Syllabus lecture that you can do as “homework” and which can be taken or discussed during class

That’s just a suggestion – there are various approaches to this and each instructor will have their own – if they don’t respectfully suggest some sort of review or discussion if time permits (you have those 3 hours)

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You have undertaken a major responsibility when you registered to take the ILCO course

Each of you have a family, a career, extra-curricular activities, a social life, etc.

Each of you must now make room for night school Procrastination IS NOT your friend! Is the material dry and boring…do you work in Corporate and are never

going to enter into the Real Estate/Litigation world…perhaps but put yourself in a positive mind set, open your mind and take in the material…you never know when you might need it

The commitment to come each week is very important ~ miss a class ~ you’ll potentially miss a lot!

BUT Night school is more than 3 hours in class once a week It is a commitment of at least 1 hour a day for the duration of the course(s)

in order that you can prepare to write the exam by reviewing the Syllabus, your required textbook/on-line materials and your notes

Study groups are great if you can arrange them Make friends, help each other! DON’T skip the exam prep/review lecture(s)

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The exam begins with a 15 minute reading period – USE THESE MINUTES WISELY as there is absolutely no writing allowed during that time!

I’ve heard countless times how that 15 minutes seems like a waste of time because you’re anxious to begin to answer questions but believe me, it is a very useful period of time if it’s used correctly!

In the 15 minute reading period, make sure you have all the pages then read through all of the exam first and very carefully to be sure that you have understood all of the questions and mentally note the questions to which you feel you easily know the answers

Expect there to be questions that you aren’t sure of the answer to The key is not to let such questions rattle you Take a deep breath and bring your shoulders down from around your ears

and carry on ~ the answer may come to you later, mark the spot and come back to it later if time permits

Always remember that there are part marks available ~ getting one out of two is better than zero!

Read each question carefully The greatest single pitfall in exam writing is misreading the

question If you are making an assumption, let the exam writer know you are doing

so (assuming that…)

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Once the exam starts, what question do you start with? That’s a matter of individual preference Probably it would make sense to go to the questions which you

can most easily answer and address them first because it will serve two functions: (a) ensures that you don’t leave any “easy” question unanswered simply because you ran out of time; (b) builds confidence and relaxes you and gets your mind in gear for the more challenging and perhaps time consuming questions

If you skip a question or haven’t fully answered it, mark it so that you can easily find it later

Remember the marker is human and marking a lot of papers Attempt to write as legibly as you can ~ if your writing is very

poor, you may consider printing or double spacing your answers You won’t run out of paper, in fact you may be surprised at the

amount of paper/space you are given ~ don’t let the amount of paper unnerve you and most definitely don’t think that you’re expected to fill all of the empty area

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The exams are written on the exam paper so ILCO must provide you with more than sufficient room for your answers taking into consideration mistakes ~ don’t think you have to fill all the blank space that’s given!

If you are being asked to draft a form, you may be provided with that form and required to “fill in the blanks” OR you may be asked to draft from scratch; be prepared for either situation

Be very careful to watch your time BRING A WATCH! All questions have a mark value – use it as a guide but in all instances make

sure that you fully answer the question being asked Make sure that you do not spend ten minutes answering a two mark question If you do this, you will run out of time Do not answer a question with a simple “yes” or “no” and do not, rely on a

simple statutory reference or rule number to get full marks All answers must be explained unless the instructions tell you otherwise DO NOT ASSUME that the examiner will know what you’re talking about If three items are requested, give three items, not four ~ the marker will not

look at the 4th even if it is correct and if your second is wrong you will get 2 out of 3 as your mark for that question

If no specific number is asked for, you can look at the mark value to lead you in the right direction so far as your answer is concerned but you always have to keep in mind that you need to fully answer the question that is asked

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The first step in understanding the question is to take the time to read and understand the question

You get no marks for sentence format when answering a “simple question” – sentences would, of course be required if you are being asked to draft a memo or a letter or specific form

You get no marks for repeating the question in your answer Jot notes (point form notations) are perfectly fine Keep your answers short, sweet and to the point Don’t confuse an otherwise simple answer with a whole lot of unnecessary

information When reading a question, ask yourself why it is on the exam; what

lecture/area of the course is it testing you on? Is it asking a positive or negative question Is it asking do or do not, why or why not, how or how not Is it asking you for a calculation ~ i.e. Land Transfer Tax ~ then make sure

you show your work ~ is the property in Toronto? If so you have an additional calculation to make!

Be careful when you “second guess” yourself ~ more often than not, your first answer “gut reaction” is correct

Don’t leave a blank answer – give it your best shot – remember part marks are possible

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There is a 15 minute reading period at the beginning of an ILCO examination.

Use the time effectively to read the exam for an understanding of the questions that are being asked of you – one of the biggest pitfalls of exam writing is not answering the question you are being asked because you have not picked up on the phrasing or terminology in the question.

  Once you’ve read through the Exam once, use the remainder of the 15 minutes to plot how you’re

going to approach the exam; how much time are you going to spend on each question and where are you going to start?

  Time for writing an examination is 2 ½ hours following the 15 minute reading period. TIME

MANAGEMENT IS EXTREMELY IMPORTANT bring a watch to the exam as there is no guarantee that the clock in the room will be visible or if there will be a clock

EXPECT TO BE THERE FOR THE FULL TIME!!! Don’t leave until you’re sure that you’ve fully answered each question to the best of your ability.

to give you an idea, here is a rough example for a 100 mark exam (although there is ABSOLUTELY NO GUARANTEE that the exam will be worth 100 marks)

  marks marks marks 25 35 min 2 2.8 min 9 12.5 min 5 7 min 2 2.8 min 3 4 min 2 2.8 min 7 10 min 10 14 min 6 8 min 8 11 min 4 5.5 min 3 4 min 5 7 min 6 8 min 2 2.8 min 4 5.5 min 4 5.5 min

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The last lecture gives hints for exam prep What to bring with you? Permitted open book materials, photo

identification, pens (no pencils are allowed) a highlighter, a dryliner, a calculator (a plain calculator – absolutely no electronic devices will be allowed), a watch (clocks aren’t always visible in your exam room)

Arrive early, set up & then take a deep breath and try your hardest to RELAX

You want to be calm, comfortable and organized Don’t get into discussions with fellow classmates about possible questions,

etc. In my opinion, this may serve to confuse you as to what you believe a correct answer may be

The exam invigilator will have instructions for you and there are full instructions on the front of the exam paper you receive READ them!!!

During the 15 minute reading time and while writing the exam, try not to get frustrated, take a deep breath and don’t give up

THINK ~ review the lectures in your mind if you get stumped ~ where did we take that…when in doubt, go on to another question & come back later

Don’t let other people throw you because they are leaving “early” ~ everyone writes exams differently

Don’t leave until you have fully re-read your exam and your answers If you’re the only one left in the exam room ~ so what ~ you’re entitled to

2 ½ hours to write your exam – don’t leave until YOU feel that you’ve given it a 100% effort

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What kinds of questions should you expect? The unknown, that’s the scary part! What will they be asking you to do?

◦ Are they asking you to list a specific number of documents or things ~ Or are they asking you to list & explain them?

◦ Are they asking you to list steps ~ Or explain the steps?◦ Are they asking you to compare or contrast two or more things? If they are,

then simply stating the different definitions won’t answer the question◦ Are they asking a short answer question? – then be brief with your answer!◦ Is it a long descriptive answer ~ like describing a certain process or

reasoning to your client?◦ Are they asking you to draft a memo or a letter?◦ Are they asking you to draft a form that you’ve covered or a provision

contained in one of those forms? ◦ Is it a true/false or multiple choice question?◦ Is it a multiple choice question?◦ Mark value usually relates directly to your answer BUT make sure that you

fully answer the question that’s being asked!

ANYTHING IS POSSIBLE…BE PREPARED FOR ANY POSSIBLE QUESTIONS

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Do not expect the person setting this years exam to follow the same format as previous year exams; exam setters are changed from time to time. You are expected to have a good over-all grasp of the materials which will be covered during the lectures. The over-emphasis on studying previous exams rather than the course material in preparing for final exams has resulted in some students being surprised and upset when new exam questions are encountered and has also resulted in some poorer grades and in some instances, failures, as a result of being ill-prepared. Over-reliance upon the memorization of answers to previous exam questions detracts from focusing on the knowledge, understanding and application of course material, what learning is all about. Memorizing answers to previous year exam questions does not achieve this objective. Previous year questions may not appear in the same form or at all – you will perform better being prepared for any question rather than trying to anticipate specific ones!

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1. Describe the major differences between an up-to-date survey and a building location survey. (2 marks) Survey shows all improvements and features on property in relation to lot lines, including the house, sheds, porches, decks, garages,

fences, bushes, etc. usually done for one property only not multiple Building location survey simply shows foundation of buildings in relation to the property lines and may also include other lots and

foundations on the same plan

2. Describe the major difference between the Registry system and the Land Titles system? (2 marks) The Registry system simply provides a record of and access to documents affecting title, the Land Titles system provides a

statement of title as a fact; the government guarantees the accuracy of title to the land registered in the Land Titles system.

3. Peggy arranges a charge on November 15. Her charge payments are due on the 1st of each month. What is the interest adjustment date? (1 mark)

December 1.

4. Clients tell you that, when it rains, water leaks into the basement. The water damage is covered up by a carpet and the purchasers have not seen it. They want to know if they are legally obligated to tell the purchasers about it. How do you respond? (2 marks)

The students are expected to state that they cannot provide legal advice of this kind -- that is something only lawyers can do. They should explain this to the client, take note of the situation and discuss it with the lawyer, asking the lawyer to contact the client.

5. Prepare a Statement of Adjustments for the subject transaction using the information in the Fact Situation. If any information is missing, invent it. Remember, you will be marked on form and content. (10 marks).

 There will be a blank page given for you to complete the Statement of Adjustments from scratch. Students should be very careful and read the Fact Situation thoroughly…do not invent information that you do not require (i.e. don’t make a rental adjustment or one for common elements if there is no tenancy or if it’s clear that it’s not a condominium from the Fact Situation)

  6. The current annual property taxes for the property being purchased are $3,650, of which the vendor has paid

$1,000. The transaction is scheduled to close on March 31. Calculate the adjustment.

 $3,650/365 = $10 per diem January 1 to March 30 = 89 days. The vendor’s share of the taxes is $10 per diem 89 days = $890. •Since the vendor has paid $1,000, the vendor is entitled to a credit of $1,000 - $890 = $110.  

REAL ESTATE SAMPLE QUESTIONS

7. Using the attached blank form, draft the Transfer/Deed of Land for this transaction. If any information is missing, invent it. Remember, you will be marked on form and content. (10 marks)

In a question like this the student would be given the “paper form” and is required to complete it based upon a scenario – leaving no necessary “boxes” incomplete.

8. What information is recorded in the abstract book and the parcel register? (2 marks)

All registrations relating to a piece of land are recorded. If the property is registered in the Registry system, the information is recorded in the abstract book. If the property is registered in the Land Titles system, the information is recorded in the parcel register.

9. Tom Cruiser is buying a single-family residence for $505,000. According to the land transfer tax affidavit, the value of the land, building, fixtures, and goodwill subject to land transfer tax is $500,000 and the value of chattels included in the transaction is $5,000. Calculate the land transfer tax (2 marks).

$55,000 0.005 = $275 $195,000 0.01 = $1,950 $150,000 0.015 = $2,250 $100,000 0.02 = $2,000 Total land transfer tax = $6,475

10. Tom Cruiser is buying a single-family residence in Toronto for $505,000. According to the land transfer tax affidavit, the value of the land, building, fixtures, and goodwill subject to land transfer tax is $500,000 and the value of chattels included in the transaction is $5,000. Calculate all of the taxes payable on this transaction (5 marks).

  Student would be expected to calculate Land Transfer Tax as in number 10 as well as Metropolitan Toronto Land

Transfer Tax & HST   $55,000.00 x 0.005 = $275, $345,000 x 0.01 = $3,450.00, $100,000.00 x 0.02 = $2,000.00 Total MLTT = $5,725.00   Retail sales tax is payable on the value of the chattels at 13% percent: $5,000 0.08 = $650  

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1. When and how do you issue a document?   Rule 14.01 sets out that all civil proceedings shall be commenced by an originating process issued by the Registrar. Rule 14.07(1)

an originating process is issued by the Registrar’s act of dating, signing and sealing it with the seal of the court and assigning it a court file number

  2. A) If a client came into your office and wanted your office to take over a file, what document would be prepared and served? (3

marks)

It would depend upon whether they were currently self-represented in which case it would be a Notice of Appointment of Lawyer (15B) 15.03(2) or by another firm in which case it would be a Notice of Change of Lawyer (15A) 15.03(1)

B) What if an existing client wanted to represent themselves? (5 marks)

(Your initial response would not doubt be) -- Notice of Intention to Act in Person needs to be prepared, signed, served & filed in order to be effective and remove the lawyer’s responsibility 15.03(3) But…you made an assumption because what if the client was a corporation or if they were acting as a litigation guardian? Look at the mark value – a) was 3 marks, b) was 5 marks – you need to fully answer the question posed

3. What does truing up a document mean?

Making an exact copy of the original document either in pen or by photocopy   4. Twenty-Nine (29) days after you used a Notice of Action you filed your Statement of Claim. What do you do now?   You serve the two documents personally or by an alternative to personal service together within 6 months of issuance of the

originating process 14.03(4), 14.08(2)   5. What additional document needs to be prepared to accompany the Statement of Claim prior to issuing it at the Court?   Form 14F Information for Court Use Form 14.03(4.1)   6. Consider whether simplified procedure is available in the following situations:   a) a claim to perfect a construction lien in the amount of $25,000.00; NO 76.01(B) b) a claim for damages in the amount of

$275,000.00; YES 76.02(3)

LITIGATION SAMPLE QUESTIONS

7. Describe each portion of the following cases (use the same numbering): (1) (2) (3) (4) (5) (6) (7) (8) Jones v. Black (1993), 12 O.R. (3d) 153 (C.A.)

1. Plaintiff 2. Defendant 3. Year of the decision or publication 4. Volume 5. Reporter (or Ontario Reports) 6. Edition 7. Page in book 8. Court

8. Draft the appropriate Statement of Claim based upon the fact situation. You are not required to copy the first 6 paragraphs from the form following the words “TO THE DEFENDANT”. You do not need to prepare a back page. You may make any assumptions necessary in order to properly and fully draft the Statement of Claim. (25 marks)

  Your client is John Smith. Dumbo Party Supplies Inc. (“Dumbo”) is a company, based in New York City, which provides elephants for

birthday parties and other celebrations. Mr. Smith hired Dumbo to provide an elephant as entertainment for his son’s 3rd birthday party.

  During the party, the elephant broke free of his constraints and caused extensive damage to Mr. Smith’s landscaping, including his

prize winning rose bushes. Mr. Smith has paid $57,275.00 to repair the landscaping that was damaged at his Toronto home by the elephant.

  Student would be expected to fully draft a Statement of Claim inclusive of the General Heading; a fully drafted Statement of Claim

will include all essential elements of the document covered during Lecture 7 – back pages & “boiler-plate” paragraphs will not need to be drafted as part of a pleading.

9. A student in your office attended on a Master’s motion. The motion was brought by the Defendant and your office is representing the Plaintiff. The motion is for undertakings and refusals. You have been asked to take out the Order; below you will find a copy of the endorsement:

  “Master Egan, February 28, 2009   This motion was brought by the defendant for undertakings and refusals. This court orders the plaintiff to answer all outstanding

undertakings within 90 days of the date of this order. I find that questions 45, 63 and 95 are not relevant and need not be answered. However, with respect to questions 47 and 49, there is some semblance of relevance and I order that those questions be answered. As the success was divided between the parties, I order no costs for the motion.”

Student would be expected to use form 59A and fully draft the appropriate form of Order for submission to the Court to be issued and entered. Student’s answer should include a General Heading and all elements of the form

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