23 Feb Excellent Fences and Gates, a business incorporated as 678907 Ontario Inc. (the Corporation?) installed a privacy fence and 3 gates for Jeanne Renoir. The fence ran around the entirety of Je
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Facts:
Excellent Fences and Gates, a business incorporated as 678907 Ontario Inc. (the Corporation?) installed a privacy fence and 3 gates for Jeanne Renoir. The fence ran around the entirety of Jeanne Renoirs property with the 3 gates spread out at various points to allow access. They also installed an additional safety fence around Jeanne Renoirs pool in her backyard. The parties entered into a contract on April 30, 2022 for the work and it was completed on June, 20, 2022. The contract set a price of $55,085.00 plus HST. At the time of signing the contract, Jeanne Renoir paid a deposit of $10,000.00. Upon completion of the work, no other payment was provided.
The Corporation then commenced a court case against Jeanne Renoir for the unpaid balance of $45,085.00 plus HST, pre and post-judgment interest and its costs. The Corporation started the matter in Kingston, Ontario and it was filed as 01-SC-87649-00. It was served on the defendant on July 30, 2022 and is proceeding under the Simplified Procedure.
We represent the defendant, Jeanne Renoir.
Our firm is:
SLC LLP
100 Portsmouth Harbour
Kingston, ON K7L 5A6
(T) 613-544-5400
(F) 613-545-3923
Lawyer on File: Shaun Dawson [email protected]
LSO: 654987D
Jeanne Renoir filed a defence and counterclaim against the plaintiffs claim on August 15, 2022. She denies the work was actually completed and what work was completed was done so poorly and that is why she has not paid.
In addition to her claim of poor work, on July 16th, 2022, a wind storm occurred that knocked down a portion of Jeanne Renoirs fence. Some of the debris also damaged her car, denting the hood and cracking the windshield. She took pictures of all of the damage.
Jeanne Renoir emailed the Plaintiffs on July 17th, demanding they fix the issues, but they informed her it was an act of God? and they were not responsible and would not deal with her until she paid them.
Jeanne Renoir then hired Onegin Earthworks, another contractor, to fix the matter. The crew informed her that the support posts to the fences were just placed in the ground and not securely anchored in concrete as is standard practice. That is why the posts came loose during the storm. Onegin Earthworks repaired the issues and billed Jeanne Renoir $14,336.55 plus HST for its work.
Her car repairs totalled $4,750.00 plus HST and was completed by Speedy Car Fixers. She has the invoice for that work.
As a result of the damage, Jeanne Renoir had to take 4 days off of work and lost pay as a result. She has also begun treatment for stress and anxiety and has incurred expenses for psychologist appointments with Dr. Janet Crowe as well as expenses for prescription medications.
This was the basis for her defence and counterclaim. All attempts to settle have failed and we are now at the discovery stage and must disclose our evidence to the other side.
Jeanne Renoir has provided the following documents:
A photograph of her property taken April 13, 2022 prior to the new fence and gate installations;
The contract between the Plaintiff and Defendant dated April 30, 2022.
A photograph of her property from June 20, 2022 showing the new fence and gates;
2 photographs dated July 16, 2022 showing the empty holes where the fence posts came loose;
A photograph dated July 16, 2022 showing the damage to her car;
A USB with the email exchange dated July 17, 2022 between our client and the Plaintiff;
Invoice from Onegin Earthworks for $14,336.55 plus HST and dated August 1, 2022;
Invoice from Speedy Car Fixers for $4,750.00 plus HST and dated July 28, 2022;
A paystub for June 30, 2022 showing Jeanne Renoirs monthly pay;
A paystub for July 31, 2022 showing decreased pay as a result of Jeanne Renoir missing work;
3 invoices from Dr. Janet Crowe dated July 22, 2022, July 29, 2022 and August 5, 2022;
An invoice for prescription drugs dated July 30, 2022;
Jeanne Renoirs notes from her consult with Shaun Dawson on August 2, 2022;
A report from Dr. Janet Crowe, dated August 11, 2022 to Shaun Dawson regarding our clients health conditions;
A report from KWB Homes, a local builder, assessing the current condition of the fence and gates. This was dated August 10, 2022 and was prepared for SLC LLP in contemplation of litigation;
A note from our client explaining she had notes/design specifications from her initial discussion with the plaintiff regarding the design of the fence, They were in her trunk on the day of the storm and because of the damage to her car, became exposed and were destroyed.
Her home insurance policy, current for the period January 1, 2022-December 31, 2022;
A letter from her neighbour, dated January 3, 2019, wishing her a Happy New Year; and
A note naming Mark Walker, owner of Onegin Earthworks, listing an address of 313 Princess Street, Kingston, Ontario K7L 1B6, [email protected]. Mark is likely to be called as a witness for the defendant at trial.
Please prepare Form 30A, Affidavit of Documents. It will be sworn/affirmed on February 21, 2023.
Requirements:
FORM 30A Courts of Justice Act AFFIDAVIT OF DOCUMENTS (INDIVIDUAL) (General heading) AFFIDAVIT OF DOCUMENTS I, (full name of deponent), of the (City, Town, etc.) of ……………………, in the (County, Regional Municipality, etc.) of …………………….., the plaintiff (or as may be) in this action, MAKE OATH AND SAY (or AFFIRM) : 1. I have conducted a diligent search of my records and have made appropriate enquiries of others to inform myself in order to make this affidavit. This affidavit discloses, to the full extent of my knowledge, information and belief, all documents relevant to any matter in issue in this action that are or have been in my possession, control or power. 2. I have listed in Schedule A those documents that are in my possession, control or power and that I do not object to producing for inspection. 3. I have listed in Schedule B those documents that are or were in my possession, control or power and that I object to producing because I claim they are privileged, and I have stated in Schedule B the grounds for each such claim. 4. I have listed in Schedule C those documents that were formerly in my possession, control or power but are no longer in my possession, control or power, and I have stated in Schedule C when and how I lost possession or control of or power over them and their present location. 5. I have never had in my possession, control or power any document relevant to any matter in issue in this action other than those listed in Schedules A, B and C. 6. I have listed in Schedule D the names and addresses of persons who might reasonably be expected to have knowledge of transactions or occurrences in issue. (Strike out this paragraph if the action is not being brought under the simplified procedure.) S WORN (etc.) ……………………………………………………………………(Signature of deponent) LAWYERS CERTIFICATE I CERTIFY that I have explained to the deponent, (a) the necessity of making full disclosure of all documents relevant to any matter in issue in the action; (b) what kinds of documents are likely to be relevant to the allegations made in the pleadings; and (c) if the action is brought under the simplified procedure, the necessity of providing the list required under rule 76.03. Date ……………………………………………………………………….. ……………………………………………………………………………….. (Signature of lawyer) Schedule A Documents in my possession, control or power that I do not object to producing for inspection. (Number each document consecutively. Set out the nature and date of the document and other particulars sufficient to identify it.) Schedule B Documents that are or were in my possession, control or power that I object to producing on the grounds of privilege. (Number each document consecutively. Set out the nature and date of the document and other particulars sufficient to identify it. State the grounds for claiming privilege for each document.) Schedule C
Documents that were formerly in my possession, control or power but are no longer in my possession, control or power. (Number each document consecutively. Set out the nature and date of the document and other particulars sufficient to identify it. State when and how possession or control of or power over each document was lost, and give the present location of each document.) Schedule D (To be filled in only if the action is being brought under the simplified procedure.) Names and addresses of persons who might reasonably be expected to have knowledge of transactions or occurrences in issue. RCP-E 30A (November 1, 2008)
