Legal Case: Gomez Tables & Chairs V. Chairs R Us – Ontario Superior Court Of Justice

On November 15, 2015 Gomez Tables & Chairs sold 100 dining room chairs for a contract price of $125.00 each.  At the point of time Walter Smithy placed the order, and gave a cheque of $10000 and same was bounced as the account did not had sufficient funds, bank also penalized $25. I called you so many times but you didn’t responded. A polite request is made by me to make the payment in full as soon as possible or else I have the right to initiate legal proceedings to recover my debt.

Pre interest rate according to section 127 and 128(1) of the Courts of Justice Act is .8% (Post and Pre judgment rates, 2016). By making assumption that claim is filed and issued on February 15^th, 2016 then amount of pre-judgment interest owed till the date of the claim issued is as follows:

Total due amount: $12500.00 (Amount of chairs) + $1000.00 (HST) = $13500.00

Interest: $13500.00*.8 %* (3^#/12)

Due interest: $27.00

^# Three months as interest as to be paid from 15^th November to 14^th February

Courts of Justice Act I

NFORMATION FOR COURT USE ONTARIO SUPERIOR COURT OF JUSTICE

(General heading)

INFORMATION FOR COURT USE

1. This proceeding is an:  []action [] application
2. According to the Class Proceedings Act, 1922, has been initiated? [] yes [] no
3. The claim in this proceeding (action or application) regarding:

Two different affidavits of service for Walter only are as follows:

Plaintiff’s or Defendant’s Claim

8.01(1) Claim by plaintiff or defendant in (Form 7A or 10A) shall be served on individual basis as provided in rule 8.02 or in alternative to this it can be provided as personal service as provided in rule 8.03.

This defense is been registered in support of: Walter Smithy, Amelda

And I/we (check as many as apply)

Argue the claim made in opposition to me/us

Acknowledge the whole claim and use the following conditions of payment  

$ 13500 per   commencing on 15 November 2016

Acknowledge claim’s part in sum of $25 and use the following payment conditions

Purpose in behalf of Claim’s disputing:

What happened: In the given case the plaintiff sold 100 chairs to the defender at the price of $125 each in addition to HSV, and the payment was to be done with 30 days. Further the payment was not done by the defender and the cheque he gave at the time of order was bounced and the plaintiff was penalized $25 by the bank. Now, plaintiff wants to claim against the defender to pay off the debts inclusive of the interest and penalty charges. 

Where: Toronto, Ontario

When: 15 November 2016

Post interest rate in the given case scenario would be 2% and interest will be applicable from date of due invoice to date of award of the cited dispute. Rate has been supported by section 127 of the Courts of Justice Act (Post and Pre judgment rates, 2016).

Total due amount: $12500.00 (Amount of chairs) + $1000.00 (HST) = $13500.00

Interest: $13500.00*6 %* (262^#/365)

Due interest: $582.00

^# 262 days are considered as interest as to be paid from 15^th November to 9^th August

Cited case will be filed in Toronto Courthouse Court situated in Toronto, ON, Canada.  This case will be filed in this court because it deals with civil disputes by covering areas such as commercial disputes, negligence claims, property disputes, bankruptcies family disputes, and corporate reorganizations (Gosline and Greenbaum, 2016). Claim is to be file with three copies.

There is standardized amount of $182 in order to file an action, in Ontario. As described above, court costs can be compensated as payments are according to the rules regarding the variation of fees and costs (Lareau and et.al. 2016). Fees of lawyers are based on the market forces and it does not have any legal or authorized control over them. In accordance to the latest survey, in Ontario fees of lawyer per hour is $382.

References

Gosline, A. & Greenbaum, M., (2016). Attorney’s Fees and Costs (Vol. 4). Labor and Employment Law.

Lareau, N.P., & et.al. , (2016). Attorney’s Fees and Costs (Vol. 4). Labor and Employment Law.

Post and Pre judgment rates, (201). [Online]. Available through <?https://www.attorneygeneral.jus.gov.on.ca/english/courts/interestrates.phparound-world/&gt.>[Accessed on 21^st July 2017].