Law Assignment Projects
Jack Fowler
FinalProjectParalegal-Phase5-BureauLegaultArrudaetass..pdf
Legal Study
Legault Arruda & Associates
Graduation project – Paralegal Technology – JCA.1F
College CDI. Administration. Technology. Health.
As part of your Graduation Project, you will be required to work and respond to all requests from
the Legault Arruda & Associates study. This is an office that brings together lawyers practicing in
several areas of law as well as notaries.
You will have to respect all the notions learned in class in order to submit your duly completed
files to your employer.
Your files will be sent to you in phases with deadlines to be respected. Any delay will be penalized
according to the number of days.
When you hand in your completed files or ask questions to your employer, you must write a
professional e-mail that respects all the rules seen in class, including the confidentiality notice and
the complete address block.
Phase 5: Civil Legal Drafting (Defense)
You are still employed by Me Jean-Claude Van Damme, of the law firm Legault Arruda &
Associés, general partnership.
The company POL inc. has nearly 500 employees. About fifty of them formed, a few years ago, a
friendly field hockey league.
The players manage the league themselves and pay a lump sum annually to participate in the league
games. The teams have been divided according to the departments from which the players come.
POL Inc. does not assume any fees and is not involved in the operations of this league.
In March 2018, Charles Michaud, Director of Human Resources and star player of the office
employees' team, suffered serious injuries during the last part of the season between his team and
the delivery team, which included Francis Brien. Since the incident, Charles Michard has noticed
a marked decline in his short-term memory, concentration and ability to synthesize and find words.
According to him, he suffers from great fatigue and slowness of execution. According to expert
Dr. Caroline Duval, neurologist, he has a permanent partial disability of 60%. Charles Michaud
has been absent from work for a full year and will never be able to return to his full-time position.
His annual salary was $80,000.
The announcement of Charles Michaud's lawsuit against Francis Brien is causing a lot of gossip
among employees. Indeed, in this lawsuit, it has been alleged that it is not a simple fault, but an
intentional act on the part of Francis Brien, and Charles Michaud is claiming as punitive damages
the sum of 100 000$.
This did not come as a real surprise to some of the company's employees who had witnessed many
heated discussions between Charles Michaud and Francis Brien regarding the latter's working
relations with other employees and his aggressiveness towards his superior Charles Michaud.
Those who attended the March 18, 2018 game cannot believe that this was an accident. They saw
that when Francis Brien tried to score a goal, he savagely hit Charles Michaud, who was the goalie,
in the head.
The arbitrator, Paul Lebel, reportedly told the investigating police officers that shortly before he
lost consciousness, Charles Michaud asked Brien "Why" and Brien replied, "That will teach you
to always pick on me in front of the other employees. »
* * *
In this file, Me Van Damme represents Francis Brien (file 5794-1). He will consult you on
September 25, 2018 after having received the request to institute proceedings reproduced on the
following page.
Name of the client: Francis Brien
Address: 6900, rue Laval, Montréal, Québec, H1K 5A7
Telephone: 450-784-8578
Email: [email protected]
File Number: 1006-1
Advance fee: 250$
Name of the adverse party: Charles Michaud
Address : 1001, rue Lasalle, Montréal, Québec, H1M 1S7
Telephone : 514-984-2257
Email : [email protected]
CANADA
PROVINCE OF QUEBEC
DISTRICT OF MONTREAL
No : 500-17-046173-182
SUPERIOR COURT
CHARLES MICHAUD, domiciled at 1001,
rue Lasalle, Montreal, district of Montreal,
province of Québec, H1M 1S7
Plaintiff
c.
FRANCIS BRIEN, domiciled at 6900, rue
Laval, Montreal, district of Montreal,
province de Québec, H1K 5A7
Defendant
DEMAND ORIGINATING A PROCEEDING
IN SUPPORT OF HIS DEMAND, THE PLAINTIFF DECLARES :
1. On March 18, 2018, around 3:30 p.m., the plaintiff and the defendant were playing a field hockey game at the Maurice Richard Centre in Montreal ;
2. The plaintiff and the defendant were playing in a friendly league, the plaintiff as a goaltender for one team, the defendant as a player on the opposing team ;
3. While the defendant took possession of the puck and moved towards the goal kept by the plaintiff, the plaintiff was able to counter the defendant's play which failed to count in this case ;
4. In a sudden rage, the defendant then brutally hit the plaintiff on the head with his field hockey stick ;
5. Plaintiff suffers a severe concussion, as well as the displacement of certain cervical and dorsal vertebrae as a result of Defendant's blow ;
6. As a result, the plaintiff was unable to perform his job as Assistant Director of Human Resources for a period of one year ;
7. In addition, the claimant suffers permanent after-effects that prevent him or her from returning to full-time employment ;
8. The blow to the plaintiff was an intentional act on the part of the defendant ;
9. The damages suffered by the plaintiff are entirely due to the defendant's fault, in particular in that the defendant :
a) has harmed the physical integrity of the plaintiff ;
b) did something without regard to its consequences on the plaintiff's life and health ;
c) has transgressed the most elementary rules of prudence and precaution towards others in the practice of sport ;
d) has committed an unlawful and intentional act intended to harm the plaintiff's physical integrity ;
10. The plaintiff is entitled to claim from the defendant the sum of 595 000$ representing the damages he has suffered through the defendant's fault, the details of which are as follows :
PECUNIARY DAMAGES
A- Temporary loss of revenue 80 000$
B- Loss of earning capacity 300 000$
Miscellaneous disbursements (including medication, treatments, etc.)
Ambulance and transport, medical equipment,
technical aids, physiotherapy, chiropractic) 15 500$
NON-PECUNIARY DAMAGES
C- ain, suffering, inconvenience, loss of enjoyment 100 000$
PUNITIVE DAMAGES
D- Punitive damages 100 000$
TOTAL : 595 500$
11. On May 14, 2018, the plaintiff, through its counsel, notified the defendant in writing of the injuries it had sustained as a result of the defendant's action and advised the defendant that it
held the plaintiff liable for all damages resulting therefrom, as appears from a letter to that
effect and the delivery receipt, Exhibit P-1;
12. The defendant refuses or neglects to pay the plaintiff the sum of $595,500 although he was duly served with a letter from the undersigned attorney dated August 6, 2018, giving him until
August 16 to do so, as appears from this letter and from the certificate of service, Exhibit P-2;
13. It is in the interest of the plaintiff to reserve the right to seek additional damages for his or her personal injury, since it is not yet possible to determine, with sufficient precision, the evolution
of his or her physical condition;
FOR THESE REASONS, MAY IT PLEASE THE COURT:
ORDER the defendant to pay the plaintiff the amount of 595 500$ with interest at the
legal rate, plus the additional indemnity provided by law as of August 17, 2018;
RESERVE the plaintiff's right to claim additional damages in compensation for his bodily
injury within three years of the judgment to be rendered on the merits of this action.
The whole with legal costs
Montreal, September 24, 2018
________________________________
CHANTAL POIRIER
Plaintiff's Counsel
Dumont & Forget, lawyers
170 Ingall Boulevard, Suite 712
Montréal (Québec) H7P 2G3
Phone : 450-555-1234
Fax : 450-555-1235
Internal file number : 5142-1
Work to be completed :
Using the knowledge acquired in the Legal and Obligation Basis and Contentious Rights and Practice courses, analyze the facts of the case and determine the area of law and
applicable legal principles.
Using the skills learned in Civil Proceedings 1 and Legal Drafting, first determine what is the first procedural document you must draft in order to preserve the rights of your client,
who is asking you to contest the statement of claim. Thereafter, draft the entire pleading.
Additional instructions :
Pay particular attention o the spelling, grammar and the presentation of the document (e.g. font, font size, margins, alignment, etc.).
* * *
On October 11, 2018, Me Van Damme summons you to his office to give you the protocol of the
proceedings that he drafted with the opposing party's lawyer (see next page). He asks you :
1. to read it; 2. to fill in the grey boxes; 3. to draft the next pleading which is the responsibility of your client.
To do so, he gives you some notes he took during a recent meeting with your client.
Notes from the October 10, 2018 interview with Francis Brien (file 5794-1)
- The client considers that he behaved well during the field hockey game;
- He claims that he did not intentionally injure Charles Michaud;
- He contends that it is the risks of field hockey, especially as a goaltender;
- Charles Michaud did nothing to prevent the accident;
- The damages are exaggerated.
CANADA
PROVINCE OF QUEBEC
DISTRICT OF MONTREAL
No : 500-17-046173-182
SUPERIOR COURT
CHARLES MICHAUD
Plaintiff
c.
FRANCIS BRIEN
Defendant
CASE PROTOCOL
REFERENCE DATES
Date of service of the demand originating a proceeding September 25, 2018
Deadline for the filing of the case protocol
Deadline for submission of application for trial and judgment
ALTERNATIVE DISPUTE RESOLUTION
After consideration and discussions between the parties, no ADR was chosen.
AGREEMENT, COMMITMENTS AND MATTERS IN DISPUTE DEADLINES
Disclosure of Exhibits in Support of the Application October 24, 2018
Denunciation to the plaintiff of preliminary exception N/A
Where appropriate, hearing on preliminary exception N/A
Disclosure of the plaintiff's neurological expertise report October 24, 2018
Pre-trial oral examination of the applicant (3 hours) November 6, 2018
Transmission of the plaintiff's obligations following interrogation November 20, 2018
Foreseeable incidents of the proceeding N/A
Medical expertise of the plaintiff by the defendant's neurologist November 20, 2018
Production of the defence which the parties agree shall be in writing December 10, 2018
If necessary, preliminary exception against the defence December 20, 2018
Pre-trial oral examination of the defendant (3 hours) January 7, 2019
Transmission of the defendant's obligations following the examination January 21, 2019
Disclosure of Defendant's Expert Report if defendant elects to use it January 28, 2019
Disclosure of all evidence by the parties January 28, 2019
Joint application for registration for trial and judgment
Settlement Conference Date to be set as required
Matters in dispute at the date of signing the case protocol :
1. Did the defendant commit a fault in attempting to outmanoeuvre the plaintiff who was acting as goaltender?
2. Was the defendant's action towards the plaintiff intentional?
3. Is there a causal connection between the pecuniary and non-pecuniary damages claimed by the plaintiff and the defendant's action?
4. If so, what is the amount of damages to which the plaintiff is entitled?
Montreal, October 11, 2018
________________________________
CHANTAL POIRIER
Plaintiff's Counsel
Dumont & Forget, avocats
170 Ingall Boulevard, Suite 712
Montreéal (Québec) H7P 2G3
Phone : 450-555-1234
Fax : 450-555-1235
Montreal, October 11, 2018
________________________________
JEAN-CLAUDE VAN DAMME
Counsel for the defendant
Legault, Arruda & Associés
2020 Mercier Boulevard, Suite 52
Laval (Québec) H7N 1M1
Phone : 450-662-6470
Fax : 450-658-7894
Work to be completed :
Using the skills learned in Civil Proceedings 1 and Legal Drafting, please first complete the case protocol by adding 2 dates. Then, please write the entire next pleading that is the
responsibility of your client.
Additional instructions :
Pay particular attention o the spelling, grammar and the presentation of the document (e.g. font, font size, margins, alignment, etc.).
* * *
Now that the file is in order, Me Van Damme asks you to complete the application for registration
for trial judgment, which will be made by joint declaration
Work to be completed :
Using the skills acquired in the Civil Procedure 1 and Legal Drafting courses, please first complete the Request for setting down for trial and judgment.
Additional Instructions :
To do so, you must use the information included in the graduation project only. In other words, you must not assume any facts. For example, if you did not have to write a
counterclaim, you should not assume that there could have been one.
You should also use the following information: o The parties admit that they played the field hockey game; o Point to be decided by expertise: Neurological sequelae ; o The plaintiff has produced and intends to rely on the transcript of the defendant's
examination;
o The plaintiff has produced and intends to rely on the expert report of Dr. Caroline Duval, neurologist, dated October 22, 2018 (Exhibit P-3);
o The defendant has produced and intends to rely on the transcript of the Plaintiff's examination;
o Plaintiff has produced and intends to invoke the expert report of Dr. Vanessa Morin, neurologist, dated January 12, 2019 (Exhibit D-1);
o All exhibits have been disclosed by the parties; o No written statement has been filed on the record; o Do not complete Section III - Admission of Exhibits ; o The witnesses will be the parties, Paul Lebel (on request) and the experts; o All witnesses will testify in French; o You must estimate your own time for examination, cross-examination, evidence and
argument.
o Deadline for submission : _____9h00 02/26/2021_____________________________________
