Law assignment projects

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This like all assihnents in the project

Legal Study

Legault Arruda & Associates

Graduation project – Paralegal Technology – JCA.1F

College CDI. Administration. Technology. Health.

Phase 6: Business Law

You are still employed by Me Jean-Claude Van Damme, of the law firm Legault Arruda &

Associés, general partnership.

Me Van Damme asks you to attend a meeting between him and a new client.

Name of the client: Rachid Lumande

Address: 2284, rue Ontario Est, Montréal (Québec) H2K 1V8

Telephone: 450-984-5214

Email: [email protected]

File Number: 1854-2

Advance fee: 500$

At the meeting, you note the following facts:

 Félix is an architectural technician.

 In his spare time, he started to exploit his passion for painting and started selling a few
paintings, first to family and friends, then he expanded his clientele.

 Over the years, he has built a solid reputation to such an extent that he is overloaded with
work and is seriously considering leaving architecture to devote himself exclusively to his

work as a painter.

 Félix wishes to partner with his spouse Nancy Lambert to develop the business. Their
intention is to have equal participation.

 Félix and Nancy would therefore be founders, shareholders and directors.

 Félix and Nancy will both subscribe to 50 Class A shares of the company’s share capital for
a consideration of $50.

 Félix entrusts Me Van Damme with the mandate to do what is necessary for him to operate
his business as a provincial corporation under the name “Guilbo art Inc.”.

Work to be completed:

 Using the knowledge gained in the Provincial Trade Law course, please prepare a name
search report. You must report your search results clearly. Please indicate why you believe

the name meets or does not meet the requirements of the law.

* * *

After having discussed with Me Van Damme, you transmitted by using the online services of the

Registraire des entreprises the Articles of Incorporation, the Declaration of Name as well as the

Notice Establishing the Address of the Head Office / List of Directors and paid the regular rate

which you paid by credit card.

The Registraire des entreprises processes this application and issues the certificate of incorporation

of the company “FéGUI art inc.” dated August 3, 2020.

Me Van Damme now asks you to organize the corporation. To this end, it will be necessary to

adopt various resolutions and to draft some related documents. All documents will have to bear the

date of incorporation.

First of all, you must complete the subscription letters from Félix Guilbault and Nancy Lambert.

Then, you must complete the resolution required for the issue and distribution of 100 Class “A”

shares in favor of Félix Guilbault and Nancy Lambert.

Work to be completed:

 Using the knowledge acquired in the Provincial Trade Law course, please write two
subscription letters and a resolution of the Board of Directors.

Sample are available upon request.

* * *

Felix and Nancy have now started their business. However, in the context of the COVID-19

pandemic, business is not going as well as they had envisioned.

Me Van Damme therefore asks you to do some research to find two business assistance measures

that could help Felix and Nancy.

Work to be completed:

 Using the knowledge acquired in the Computerized Legal Research and
Provincial Trade Law courses, please identify and explain two business assistance

measures offered by the Quebec or Canadian government.

Additional instructions:

 In order to share your research results with Me Van Damme, you will have to produce a
memo (research note) in which you will take care to indicate your sources.

 Please insert a hyperlink of the websites consulted in the document that you will give to Me
Van Damme.

* * *

Finally, Me Van Damme recommends that you attend a Juris Concept training session in order to

develop your skills in corporate law.

You can find the training by clicking on the following link:

https://www.jurisconcept.ca/fr/enregistrement-formation-droit-corporatif/.

The password is formationLSE and it is recommended to use Chrome.

Me Van Damme will provide you with a list of questions to ensure your attention when listening

to the training.

1. What is the purpose of using the REQ Search tool?

2. True or false. The Minute Book, Corporate Information and Transactions tabs can be found

in all file types.

3. In the Corporate Information window, why is it important to choose the right legislative

regime?

4. Is it possible to fully import a share capital model? If so, how? If not, what should be done

to complete the share capital?

5. When creating the share capital, identify two elements that can be specified in connection

with dividend rights.

6. What can be found when accessing the Transactions tab? Identify two elements.

7. In order to order the documents recorded in a corporate file, what are the two elements to

specify?

8. Is it possible to incorporate a federal corporation from Juris Concept?

9. What can CRAC help you with?

Work to be completed:

 Using the knowledge acquired in the Provincial Business Law course, please listen to the
Juris Concept training and answer the nine questions in a Word file.

Deadline for submission : __9h00__November 9, 2020__________________________

Legal Study

Legault Arruda & Associates

Graduation project – Paralegal Technology – JCA.1F

College CDI. Administration. Technology. Health.

Phase 7: Revision of pleadings

and determination of the appropriate procedure

You are still employed by Me Jean-Claude Van Damme, of the law firm Legault Arruda &

Associates, general partnership.

In Francis Brien’s file (phase 5), Me Van Damme asks you to revise a pleading, which is a notice

of communication of the report of an expert witness.

Work to be completed:

 Using the skills learned in Word Processing, Civil Procedure 1 and Legal Drafting, first
identify errors and missing elements in the pleading. Then, please make the appropriate

changes to the document.

Additional instructions:

 You will need to make the changes in the Word file that will be sent to you by activating
the Track Changes mode on the Review tab.

* * *

Me Van Damme indicates that he would like to negotiate an agreement in order to put an end to

the dispute between the parties, with the help of a judge. Me Van Damme mentions that the lawyer

of the opposing party is open to negotiate.

Work to be completed:

 Using the skills acquired in Civil Procedure 1 and Legal Drafting, please first determine the
pleading to be drafted in order to begin the process referred to by Me Van Damme.

 Using the skills learned in Civil Procedure 1 and Legal Drafting, please find and complete
the model pleading.

Additional instructions:

 The pleading must be dated April 15, 2019;

 Pay particular attention to the quality of the written expression and the presentation of the
document (e.g. font, font size, margins, alignment, etc.).

Deadline for submission : _____9h00__November 9, 2020______________________________

Legal Study

Legault Arruda & Associates

Graduation project – Paralegal Technology – JCA.1F

College CDI. Administration. Technology. Health.

Phase 11 : Examination of Ownership Titles

You must now assist one of the notaries of the firm Legault Arruda & Associates, Me Justin Gracia.

The latter entrusts you with the examination of titles on a property that will soon be sold by one of

his clients, Henry Ouimet.

Client’s name : Henry Ouimet

Adress : 353, rue Chabot, Boisbriand (Québec) J7G 1J7

Phone : 450-271-6565

Email : [email protected]

File Number : 1695-2

Advance fee : 0$

He will therefore give you the address of the immovable concerned and ask you to examine the

titles, and more specifically to give him the following information:

1) You must make the chain of title of the building going back in time for a minimum period
of 30 years. Your chain of title must absolutely cover a minimum of 30 years, which means

that you must find the last act that allows you to cover the entire 30-year period. Your chain

of title must indicate the rights transmitted to each link, the nature of the deed and its

publication number.

2) You must indicate whether the chain of title is in conformity, i.e. there are no missing links,
and if so, who is (are) the owner(s) of the immovable and their respective share in the

immovable, if applicable. If a link is missing, indicate which one and why.

3) You must indicate if there are any outstanding mortgage(s) on the building. If so, you must
indicate, with respect to such mortgage(s), the following information: date of the deed,

nature of the mortgage, name of the creditor, name(s) of the debtor(s)/grantor(s), number

of the deed, date of publication.

4) You must give a description of the deed evidencing the right of the current owner(s),
indicating the following elements: date of the deed, nature of the deed, name of the assignor,

his matrimonial regime, the shares acquired, date of publication, publication number, notary

instrumenting, consideration, as well as an analysis indicating whether you have identified

a problem or an element that would merit further analysis.

5) You must, if applicable, identify any servitude affecting the immovable. If there is one, you
must indicate which is the serving lot, which is the dominant lot, the nature of the servitude,

the date of publication and the publication number.

6) You must establish the cadastral history of the immovable, indicating, for each lot, its
complete and conforming designation.

Work to be completed:

 Using the knowledge acquired in the Examination of Ownership Titles and Notarial
Procedures and Law courses, please complete a Examination of Ownership Titles Report.

Report templates are available upon request.

* * *

Me Gracia is now asking you to participate in the preparation of the will of her client,

Mr. Justin Plante.

Client’s name : Justin Plante

Adress : 731, rue Montcalm, Berthierville (Québec) J0K 1A0

Phone : 450-547-1001

Email : [email protected]

File Number : 1696-1

Advance fee : 0$

He sends you the following notes :

 Interview date: August 28, 2020.

 Testator: Justin Plante, residing at 731 Montcalm Street, Berthierville, Quebec
J0K 1A0

 Witness: Sylvain Perreault, residing at 761 Notre-Dame Street Berthierville
(Quebec) J0K 1A0.

 Marriage at La Malbaie on October 12, 2017 with Colette Saint-Louis:
No marriage contract. First marriage for both spouses.

 Funeral arrangements: cremation

 Organ donation: yes

 Special bequests :

 To his brother Joseph Perreault, his collection of antique cars

 To his wife, Colette Saint-Louis, his RRSPs

 To his father Édouard Perreault, his fishing cottage located in La Réserve
Faunique des Laurentides (lot number 1 000 005)

 Residual: To his wife Colette Saint-Louis, the residue of all his movable and
immovable property. In the event of his wife’s pre-death, all to his children in

the first degree. In the absence of children, all to his brother.

 Liquidator: His wife. Substitute: his brother.

 Tutor to minor children: his brother

 No post-liquidation administration clause

 Signature in Berthierville

 Minute number 9,845

Work to be completed:

Using the knowledge acquired in the courses Examination of Ownership Titles and Notarial

Procedures and Law courses, please write a draft will based on Me Gracia’s notes.

Sample wills are available upon request.

Deadline for submission : ______12/14/2020 9h00_____________________________

Legal Study

Legault Arruda & Associates

Graduation project – Paralegal Technology – JCA.1F

College CDI. Administration. Technology. Health.

Phase 12 : Executing a Decision and plumitif

In order to maximize your internship experience and learning, Me Van Damme offers you to spend

a day with his good friend André G. Mathieu. The latter is a judicial officer.

Office : André G. Mathieu, huissier de justice

Address : 104, rue King Ouest, Sherbrooke (Québec) J1H 1P6

Phone : (819) 200-6220

Fax : (819) 200-6221

Email : [email protected]

Mr. Mathieu offers to help you fill out an execution notice. He will tell you the facts of the case.

 The client is Mrs. Cynthia Drouin (file #5145-1).

 It is located at 1029 Du Soleil-Levant, Sherbrooke (Quebec) J1C 0B5.

 On March 19, 2020, a decision was rendered by administrative judge Marc Landry of the

Régie du logement.

 The judge noted the cancellation of the lease and ordered the tenant to pay the client the

sum of $975 plus interest at the legal rate and the additional indemnity provided for in

article 1619 C.C.Q., as of February 1, 2019, plus legal fees of $975 (total of $1,625.08).

 The sum of $975 was allocated for the rent for the months of January and February.

 The tenant is Mr. Jean-Marc Galipeau, residing at 3545, King East, Sherbrooke (Quebec)

J1G 5J4.

 Execution file number : 450-02-019357-196

 Mr. Mathieu informs you that he has received instructions to proceed with the following

enforcement measures :

o Seize the tenant’s personal property

o Seize property that is in escrow – Bumper to Bumper, located at 3545 King East,

Sherbrooke, Quebec J1G 5J4

Mr. Mathieu asks you to prepare the execution notice for his client’s file. However, he tells you

that the execution notice template is only available in PDF format on the Internet and that he would

like you to prepare a Word file.

Work to be completed:

 Using the knowledge acquired in Word Processing 1 and Word Processing 2, please
reproduce in a Word file the Ministry of Justice enforcement notice template available in

PDF format. You must reproduce the document as faithfully as possible (font, size,

alignment, frame, bold, etc.).

 Then, using the knowledge acquired in the Civil Procedures 2 course, please write the notice
of execution.

* * *

Back at Me Van Damme’s office, a new mandate awaits you!

Me Van Damme asks you to do some research in the plumitif and to answer the following

questions.

Civil Plumitif

1. On what date was service of the Demand Originating Proceedings made?

2. On what date was the divorce judgment rendered?

3. Which judge rendered the judgment?

Penal Plumitif

4. On what date did the accused commit the offences charged?

5. How old is the accused as of today?

6. What offences have been committed? Be specific.

7. Before which judge did the accused appear?

8. Was the accused present in court on February 18, 2020?

9. What happened on April 17, 2020?

10. s the file complete? If yes, identify the conclusion (guilty and penalty or not guilty). If no,

identify the next step in the case and the date of the next step..

Work to be completed:

 Using the knowledge acquired in the Database and Application Software courses, please
analyze the plumitif of the two submitted files and answer the questions in a separate Word

file.

* * *

Congratulations! You have completed all the mandates of your graduation project. You must now

write a short final report in order to look back on your experience.

The report should contain the following sections :

1. Introduction to the internship report (± 1/2 page)

2. Integration of skills and knowledge (± 4 pages)

a. Identification of three skills practiced during the project

Vous devez identifier des compétences utilisées dans le cadre du projet et expliquer

pourquoi vous avez eu à les utiliser. Par exemple, l’autonomie, l’organisation, la

gestion du stress et des échéanciers, etc.

b. Identification of three pieces of knowledge put into practice during the project

You must identify knowledge used in the project and explain why you had to use it.

You must name the title of the relevant course. For example, you used the knowledge

acquired in the Ethics and Financial Management course to help you create the

invoices for Phases 1 to 4.

c. Identification of three computer tools used during the project

You must identify computer tools and software used in the project and explain why

you had to use them. For example, a computer, Microsoft Office, CanLII, etc.

3. Special situations and challenges (± 1 page)

You must identify at least three difficulties you encountered during the project and indicate

how you tried to overcome them.

4. Hindsight (± 2 pages)

a. In which phase(s) did you perform best?

Identify at least 2 phases or 2 types of mandates in which you have performed best

and why you think these are your strengths.

b. In which phase(s) do you need to improve your performance?

Identify at least 2 phases or 2 types of mandates in which you performed less well

and indicate why you think these are your weaknesses.

c. What conclusions do you draw from your experience? How do you see your

future in this area?

You need to talk about what you want to do from now on. For example, continuing

your studies, joining a firm, working in a specific field, etc.

Deadline for submission : ___12/21/2020 9h00____________________________________

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 9: Criminal Law Research and Drafting

M You are still employed by Me Jean-Claude Van Damme, who currently has a good volume of

files in criminal law. He asks you to answer one or more questions for each of these files.

You will have to send a memo (Word file) to Me Van Damme in which you will answer all these

questions and indicate your sources. You may have to do some research.

LUC LANDRY (FILE #5478-2)

Luc Landry was arrested on Saturday, June 14, 2020 in Montreal for common assault on his

neighbor. He is in an advanced state of intoxication. He has no criminal record. Given Luc’s

condition, the police officer does not release him and takes him to the police station where he is

locked up.

Around 5:00 a.m. on June 15, 2020, the officer in charge of the station noticed that Luc had become

sober again. He plans to release him under certain conditions, including not communicating with

his neighbor and respecting a curfew from 8:00 p.m. to 7:00 a.m.

 What can Luc Landry do to have the curfew removed?

JEAN PRIMEAU (FILE #5479-1)

Jean Primeau received a summons to appear in court on Thursday, July 5, 2020. The summons

indicates that he must appear to answer to the following charge:

“On or about April 12, 2020, unlawfully assaulted Pierre, causing him bodily

harm, contrary to section 267(b) of the Criminal Code of Canada. »

 Will Jean Primeau’s presence be necessary during his appearance?

 Can he be detained during the proceedings?

MARTIN PROULX (FILE #1254-1)

At 3am, Claudette Dupuis, a policewoman, patrols the streets of the city of Montreal. She sees a

vehicle travelling at low speed and zigzagging.

Claudette Dupuis decides to intercept the vehicle. She turns on her flashing light and the vehicle

stops. Claudette Dupuis arrives at the door and notices that the driver, Martin Proulx, is showing

all the signs of a person in a state of intoxication: strong alcoholic breath, red eyes, difficulty

expressing himself, etc. She sees the car and decides to stop.

However, Claudette Dupuis did not notice, at first glance, any bottles of alcohol in the vehicle, nor

did she notice any gestures by the driver to conceal them.

She decided to stop her for driving while her driving ability was impaired by the effect of alcohol.

 Is the interception of the vehicle legal?

 What are the penalties for this offence?

 Would your answer to the previous question be the same if Martin Proulx had already been
convicted of impaired driving in recent years?

LUC DION (FILE 3321-1)

Luc Dion has been in charge of administrative management and, in particular, has been responsible

for the bookkeeping of a company’s books since February 2, 2020.

Roméo Cyr, the owner of the company, passed away on May 2, 2020 after a long illness and left

his business to his son, René Cyr. After Roméo Cyr’s death, Luc Dion drew 10 cheques payable to

him by forging the signature of the person authorized, Jean Cardin, to sign the cheques for a total

of $450,000.

The cheques were made on a regular basis. This scheme lasted from May 2020 to June 1, 2020,

when he was fired when the accountant and Jean Cardin notified René Cyr of serious irregularities

in the company’s books.

A police investigation was held. An expert in handwriting analysis filed a report in which he

concluded that Jean Carin’s signature appearing on the cheques was that of Luc Dion. Following

the search, the investigators obtained Luc Dion’s statement of bank transactions for the period from

May 2020 to June 1, 2020, and it appears that the 10 cheques were deposited and cashed by Luc

Dion. The case is being handled by Me Lise Julien, criminal and penal prosecutor.

 Under which section(s) of the Criminal Code will Me Lise Julien prosecute Luc Dion?

 State the elements constituting the burden of proof (actus reus and mens rea) of Me Lise
Julien for the most serious offence.

PAUL GAUTHIER (FILE #7851-2)

On October 3, 2019, in Rimouski, a field hockey game of the Quebec Junior AAA league opposes

the local team to the Montreal Juniors. During the third period, a fight takes place between Paul, a

strong player from Montreal, and a player from Rimouski. The referees punish them and order

Paul’s expulsion for the rest of the game.

He goes to the locker room and takes a shower. Dressed in civilian clothes, he comes back to see

the end of the game. During a stoppage of play, Pierre, a Rimouski player, crosses Paul’s gaze in

the stands and he signals to him that he is a little afraid for having attacked a small player during

the fight. Paul, furious, rushes at full speed towards the skating rink’s bay window where Peter is

skating, opens the door, grabs him, lifts him off the ice to pull him towards the bleachers and

punches him in the face with a violent blow.

According to Dr. Louis Viens, Pierre’s jaw was broken in two places and he lost a tooth. After a

police investigation, the case was handed over to Me Luce Sirois, prosecutor for criminal and penal

proceedings.

 Under which section(s) of the Criminal Code will Me Luce Sirois prosecute Paul Gauthier?

 State the elements constituting the burden of proof (actus reus and mens rea) of Me Luce
Sirois for the most serious offence.

 Could Paul be completely acquitted in the event that a judge decides that it is not a question
of bodily harm?

 Can Paul present a defence of provocation?

PIERRE BLEAU (FILE #6666-2)

On Friday, September 4, 2019, Pierre Bleau drives a truck with a 58-foot trailer attached. On the

trailer, there is a load of wood. It is on route 117 towards Montreal. He is driving at a speed of 100

km/h. Three kilometers from a very sharp curve, a sign indicates that the speed to take this curve

is 60 km/h. There is a second sign to the same effect one kilometer from the curve. As Pierre

approaches the curve, he decides not to slow down because he is in a hurry.

Towards the middle of the curve, the truck-trailer is pulled away and Pierre turns right. At this

point, the truck and the trailer make a V, the wood load tips over and hits a vehicle coming in the

opposite direction. The occupant of the vehicle, Luc Valois, died.

The truck and trailer were not affected by any mechanical defect. According to the collision

analysis expert, it was the speed and the heavy load that caused the load to overturn.

Me Jean Roy, prosecutor for criminal and penal proceedings, decides to lay a charge of dangerous

driving causing the death of Luc Valois.

 Which section(s) of the Criminal Code should Me Jean Roy consult to determine the
elements constituting the burden of proof?

YVES LEDUC (FILE #7784-2)

On June 27, 2020, Jule Simard is on the street with her cousin and her boyfriend. Yves Leduc, her

neighbor with whom relations are strained, arrives at the wheel of a motorcycle and passes very

close to them at high speed.

When he stops, Jules tells him that he has been driving very close to them and that he is in danger

of hitting them. Yves immediately replied: “You, I’m going to put a bullet in your head, you’re

going to end up like your dog with a bullet in your head. “However, not long before, one of Jules’

dogs was killed by a gunshot. Yves adds that “the contract on his head is already given. “Jules

feared these threats so much that he filed a complaint with the police. The case was entrusted to

Me Guy Jutras, public prosecutor for criminal and penal proceedings.

 Under which section(s) of the Criminal Code will Me Guy Jutras prosecute Yves Leduc?

 Can Yves Leduc be acquitted if he testifies in his defense that he did not intend to carry out
his threat?

 Can Yves Leduc be acquitted if he presents a defence that a reasonable person would not
have feared for his safety?

ROBIN DUBÉ (FILE #2121-1)

While walking down the street, Robin Dubé met Line Gauthier. He finds her pretty, although she

looks young. Given that she is very tall and given the late hour, he does not ask himself any more

questions.

The discussion quickly turns to the subject of sexual acts. Robin convinces Line to go to his house

where they will both be alone, he tells her. Once there, they meet Gilles Moreau, who has come to

visit his friend Robin.

Line objects to Gilles’ presence and insists that he leave. She panics when she realizes that he

refuses to leave. Fearing the reaction of the two individuals, Line then feels obliged to perform

various sexual acts with the two friends.

At his trial, Robin, who is accused of sexually assaulting 13-year-old Line, says that he believed

Line was at least 16 years old and that he believed she was consenting to sex.

 Is Robin’s defence of Line Gauthier’s age error admissible?

MAINVILLE BROTHERS (FILE #5874-1)

On March 14, 2020, brothers Arnaud, Benoit and Charles Mainville meet at the bar to drink a few

pitchers of beer in good company. The discussion quickly turns around the fact that they are all

three unemployed and especially without income. Arnaud suggests to his brothers to prepare an

illegal move to make some money. Without hesitation, Benoit and Charles accept and the three

brothers agree on the following plan: they will go and rob the Eastern branch of the Bank of

Quebec. Charles, who is less brave than his two brothers, will supply only two firearms and a stolen

car, while Arnaud and Benoit will enter the bank to empty the cash registers.

The discussion between the three brothers took place in the presence of waiter David who heard

everything.

 What is the crime committed by the three Mainville brothers and in what capacity?

 What penalties are they liable to?

JEAN-LOUIS DUVAL (FILE #9951-2)

Jean-Louis Duval is charged with first degree murder. At the trial, the judge gives the jury some

instructions regarding the assessment of the credibility of witnesses and the burden of proof. The

judge addresses the jury and says:

“First, if you believe the evidence of the accused, obviously you must acquit. Second, if you don’t

believe the accused’s testimony, you must find him or her guilty. »

After a few days of discussions, the jury found Jean-Louis Duval guilty of first-degree murder.

 What should Me Van Damme do to ensure that his client’s rights are respected?

Work to be completed:

 Using the skills learned in the Criminal Procedure and Evidence Law, Computerized Legal
Research and Legal Drafting courses, please first read the facts and do some research. Then,

you must write a memo to the attention of Me Van Damme in order to inform him of your

answers and sources for each of the files.

Additional instructions:

 Be sure to follow the rules of the McGill Canadian Guide to Uniform Legal Citation ;

 Pay particular attention to the quality of the written expression and the presentation of the
document (e.g. font, font size, margins, alignment, etc.).

Deadline for submission : _____11/30/2020 9h00_______________________________

Legal Study

Legault Arruda & Associates

Graduation project – Paralegal Technology – JCA.1F

College CDI. Administration. Technology. Health.

Phase 10 : Droit administratif

Me Van Damme asks you to attend a meeting between a new client and him.

Client’s name : Rachid Lumande

Adress : 2284, rue Ontario Est, Montréal (Québec) H2K 1V8

Phone : 450-984-5214

Email : [email protected]

File Number : 1854-2

Advance fee : 500$

At this meeting, you note the following facts :

 The client and his wife, Mrs. Bendesa, lived in their previous home for eight years
(monthly rent of $895).

 With the arrival of the children, the wife stopped working. As the family’s income declined,
the client wanted to pay less monthly rent.

 It is in this context that in January 2017, he visited the eight-unit building owned by the
landlord Raamco International Properties Canadian Ltd., which is adjacent to other

buildings also owned by the landlord.

 The client covets unit number 8, which has 4½ rooms, including two bedrooms.

 The client submits an offer to rent and the survey is positive and the landlord agrees to rent
the unit to the client.

 The lease is signed on May 10, 2017 for an occupancy from July 1, 2017 to June 30, 2018
at a monthly rent of $700. On a second visit, the unit is being renovated, but the landlord’s

employee, Shawn, reassures the client that the unit will be ready and that the bathroom

fixtures will be changed.

 The lease states that before the unit is delivered, the landlord agrees to paint it white and to
sand and varnish the wood floor.

 The client moves into the unit on July 1st with his wife and their two daughters aged 19
months and 3 years.

 He notices that, except for the vanity, the bathroom has not been renovated and the toilet
bowl is stained. He notices the absence of mosquito nets in the bedrooms and the living

room.

 From the first night, the client notices cockroaches.

 The next day, the 3 year old child presents red and swollen marks on the skin and scratches
herself strongly. The client and his wife do not know the reason. His wife calls the landlord’s

office and speaks with Aïda to inform her that her daughter has bite marks. Surprised, Aïda

tells her that an extermination treatment was done before they arrived at the dwelling so

that there should be no insects. She reassures the client’s wife that she is putting the dwelling

on the waiting list for a visit from the exterminator.

 In the meantime, the client and his wife learn that their daughter is being bitten by bed bugs.

 The exterminator inspected the home on July 24 and treated it for cockroaches. He noted
the presence of a bed bug and suggested that the house be treated for bed bugs.

 On August 2, the exterminator treated the house for cockroaches and mice and again on
September 6 and November 2. On August 11th, there is a treatment against mice only. The

following treatments against cockroaches take place on November 27, 2017, January 24

and March 14, 2018, May 24 and June 19.

 The housing is finally treated against bed bugs on September 11 and October 12 and 23,
2017.

 At the end of October, the client’s family no longer feels the presence of bed bugs. However,
the client and his wife want to leave the accommodation, especially for the children. They

go to the landlord’s office to meet Mr. Aguilar. They try to reach a lease cancellation

agreement with the landlord. Mr. Aguilar refuses to terminate the lease and tells them with

a wave of his fingers that they will not receive anything and he stands up, raises his voice

and says, “Get out of my office,” says the client.

 Then Mr. Aguilar will call the police when Ms. Bendesa starts to cry, the client explains.

 On November 29, 2017, the tenant gives the landlord formal notice to correct the situation
permanently or terminate the lease early because of the inconvenience to his family. The

formal notice reads as follows:

« Currently, as I have told you several times, I am experiencing the

following problems:

– Presence of bed bugs from July 1st to the end of October 2017, which

caused health problems to one of my children;

– Presence of cockroaches;

– The bathroom is in poor condition (floor, soap dish and toilet).

– A mosquito net missing in one of the rooms.

In addition, one of the landlord’s officials is rude and verbally aggressive

with me and my spouse.

The exterminations cost me $752.51 (property damage). Also, given the

situation, I want to terminate my lease between March 31 and April 30,

2018.

Consequently, you are formally required to pay me the material damages

of dollars within ten (10) days of receipt of this letter and to return to me

signed the lease termination agreement attached herewith.

Should you fail to comply with this agreement, I will have no other

choice but to take legal action, without further notice or delay, to ensure

that my rights are recognized and respected. »

[Reproduced as is]

 On December 21, 2017, the City of Montréal will send notices of non-compliance to the
landlord for the client’s building, as well as the two other adjoining buildings. These notices

include the presence of insects and various deficiencies and, more specifically for the

tenant’s dwelling, the following mention :

« Location […]

Dwelling: 8

Cleanliness

Room

Install the screen to the missing storm window. (Sec. 52.1)

THIS WORK MUST BE COMPLETED NO LATER THAN 60 DAYS

AFTER RECEIPT OF THIS NOTICE.

Kitchen

See note for a description of the offence.

SUCH WORK MUST BE COMPLETED NO LATER THAN 60 DAYS

AFTER RECEIPT OF THIS NOTICE.

Note : Please replace the urethane plugging the holes under the kitchen sink

with a conforming material. »

[Reproduced as is]

 The client explains that bed bugs reappear in his home at the end of December. He notifies
the landlord, but no treatment is given.

 On January 29, 2018, the client’s wife called the landlord’s secretary, Aïda, to advise her
again that her children were being bitten. She put the call on the speaker phone and a man

said, “Do you have any proof? ».

 The client notified the landlord’s secretary, Aïda, in February and March 2018 for treatment
for bed bugs, but each time she said, “Be patient, we’ll get through.

 However, until they leave the unit, the landlord will not send any bed bug exterminators.
The client moved into his new home on June 1, 2018 while paying his June rent to the

landlord.

 Again on April 27, 2018, the City will issue a Notice of Non-Compliance indicating,
specifically with respect to the client’s dwelling (next page) :

« Dwelling: 8

Room

Uncorrected

Install the screen to the missing storm window.

(Sec. 62.1)

THIS WORK MUST BE COMPLETED NO LATER THAN 60 DAYS

AFTER RECEIPT OF THIS NOTICE.

Remedial work must be completed no later than 60 days after receipt

of this notice.

Kitchen

Uncorrected

See note for a description of the offence.

SUCH WORK MUST BE COMPLETED NO LATER THAN 60 DAYS

AFTER RECEIPT OF THIS NOTICE.

Note : Please replace the urethane plugging the holes under the kitchen sink

with a conforming material.

Remedial work must be completed no later than 60 days after receipt

of this notice.

Extermination

There are bed bugs in the accommodation. Have an exterminator who is a

member of the ASSOCIATION QUÉBÉCOISE EN GESTION

PARASITAIRE carry out the extermination and provide us with a report

of the intervention. (Art. 25.9.1)

CES TRAVAUX DOIVENT ÊTRE EXÉCUTÉS AU PLUS TARD 30

JOURS APRÈS LA RÉCEPTION DE CET AVIS.

Corrective measures must be carried out no later than 30 days after

receipt of this notice. »

[Reproduced as is]

 The client does not share the tenant’s version. His representative, Ramiro Aguilar, submits
that there was no infestation in the client’s dwelling and that the client never inquired about

the presence of insects before signing the lease or before arriving at the dwelling. Mr.

Aguilar also submits that he acted in a preventive manner by treating the housing before

the arrival of the tenant and pleads that he did not commit any fault in the management of

the problem.

 The client admits that it did not ask the Lessor’s employees about the presence of bed bugs
until July 2017, as it was not aware of this insect. However, knowing about cockroaches,

he does not want them in his home. He and his wife indicate that if they had been advised

of the cockroach problem, they would never have rented the unit. Similarly, if the landlord

had informed them of the presence of bed bugs in the building, they would never have

exposed their children to this insect.

After the initial meeting with the client, Me Van Damme informs you that he will request the

retroactive cancellation of the lease as of March 1, 108, the reduction of the rent as of July 1, 2017

as well as compensatory and punitive damages.

Work to be completed:

 Using the knowledge acquired in the courses Administrative Procedures and Computerized
Legal Research, please analyze the facts of the case and complete the legal framework of

the case (next page). Some research will probably be necessary.

 Afterwards, please identify an appropriate model of act. You do not need to complete the
act. You must find the model and send it to Me Van Damme so that he can fill it out himself.

DETERMINATION OF THE LEGAL FRAMEWORK

1. Field of Law

2. Applicable legislative

provisions

3. Useful Remedies and

Procedural Vehicles

4. Jurisdiction of the Court

5. Parties involved

6. Prior actions required and

time frame for action

7. Burden of proof

a) Plaintiff

b) Defendant

(if applicable)

* * *

Me Van Damme now transmits to you his handwritten notes relating to the file of Mrs. Chantal

Brulé.

Client’s name : Chantal Brulé

Adress : 1422, boulevard Iberville, Repentigny (Québec) J5Y 4G4

Phone : 450-547-9843

Email : [email protected]

File Number : 1694-1

Advance fee : 500$

Initial Interview – 19 August 2020 – Chantal Brûlé (File #1694-1)

 The client disagrees with two review decisions rendered on August 1, 2017 and November
29, 2019 by the Société de l’assurance automobile du Québec (SAAQ).

 These decisions uphold the refusal to reimburse expenses associated with dental treatments
involving several teeth of the upper jaw and expenses associated with dentures.

 The client claims that these dental treatments result from a condition related to the
automobile accident she suffered on September 29, 1989.

 The SAAQ pleads that the treatments claimed are not related to the bodily injuries sustained
in the accident. It argued that the upper teeth were not affected by the accident and that the

client’s malocclusion, which was the cause of the treatments claimed, was rather a personal

condition prior to the accident.

 The client explains that she suffered significant facial trauma in the accident. Initial x-rays
reveal two fractures to the lower jaw.

 Because of these fractures, the client underwent surgery the day after the accident. On this
occasion, she underwent an open reduction and stapling of the lower jaw fractures.

 A CT scan of the orbits, performed a few days after the accident, also confirmed a fracture
of the side wall of the left maxillary sinus and a fracture of the malar bone near the orbital

region. No specific treatment is reported in the file in relation to these two fractures.

 Two weeks after surgery, the client consults the emergency room with the impression that
the pins are loose. The physician notes that the occlusion appears adequate except for a lower

left pinning. He prescribes an elastic chin strap and refers her to Dr. Casaubon, who sees her

the next day.

 Dr. Casaubon then notes that the lower left arch is only attached to one tooth and may have
become dislodged.

 Dr. Robert Chaput, the dentist treating the client at that time, answers a detailed medical
questionnaire dated March 1, 1990. He indicates that he has been treating the client since

November 1, 1989.

 Dr. Chaput came to specify the dental problems related to the accident; two lost teeth (nos.
33, 32), six broken teeth (nos. 48, 45, 44, 35, 36) and six displaced teeth (nos. 14, 13, 12, 11,

21, 23).

 He mentions that the client then complained of pain in the upper and lower jaws and an
inability to properly close the jaws together.

 The attending dentist also discusses the dental treatments already performed as well as those
planned.

 On April 17, 1990, Dr. de Montigny, a dentist and professor at the Faculty of Dentistry of
the Université de Montréal, produced a medical expertise report at the request of the SAAQ.

Dr. de Montigny conducts a clinical evaluation, a review of the file and a radiological update

before issuing his expert opinion.

 In his objective examination, he notes a bilateral posterior “crossbite” that tends towards a
Class III (type of dental malocclusion).

 He also indicates a maximum mouth opening of 35 mm, restricted lateral movements of the
mandible on the right side, palpation of the asymmetrical temporomandibular joint at mouth

opening, and a slight deviation to the left side at mouth opening. He attributes these

limitations of movement of the condyles and their malposition at the opening to the sequelae

caused by the fracture of the left condyle. He therefore grants an anatomophysiological

deficit (ADP) of 5% in relation to the condyle fracture.

 He is of the opinion that the fractures of the horizontal branch of the mandible have healed
well, but that they leave as sequelae the presence of ligatures and the malpositioning of teeth

nos. 21 and 31, which will require minor orthodontic treatment.

 Regarding the fracture of the malar bone on the left side, he noted that the area of the malar
bone on the left side is slightly more depressed than on the right side. He includes this in the

esthetic damage (EMP) of facial scars, estimated at 7%.

 In this report, Dr. de Montigny specifies that the major malocclusion ( bilateral posterior
“crossbite”) is not related to the accident.

 On November 7, 1990, Dr. Léon Daigle, dentist and maxillo-facial surgeon, sent an expert
report at the request of the SAAQ.

 On his objective examination, Dr. Daigle mentions a crossbite that he considers to be in the
process of being corrected by the orthodontic treatment the client was receiving at the time.

He indicates that the movements requested from the mandible are satisfactory, although

showing slight creaking. He indicates that the teeth of the upper jaw were not affected by the

accident.

 On March 4, 2005, Dr. Max Miller, maxillofacial surgeon, sent a letter to the SAAQ. He
noted dental malocclusion and misalignment, which he believes is related to the

consolidation of old facial fractures. He believes that this may have developed post-

operatively or over time. He states that the client has a class III dento-skeletal malocclusion

with a complete crossbite on the left side and a deviation of the mandible on that side. These

alignment problems result in chewing problems that cause the client to be uncomfortable. He

recommends appropriate treatment.

 In a letter dated April 26, 2006, Dr. Miller provided further clarification. He states that this
malocclusion, which is a “crossbite” on the left side, has gradually developed post-

operatively over time. He considers that this malocclusion is directly related to the trauma

that the client suffered. He is of the opinion that it is impossible for a patient who has not had

Lefort-type trauma or fractures to have an occlusion of this type. He added that the client’s

after-effects are the result of her accident and that the client requires surgical and orthodontic

treatment.

 On January 21, 2016, Dr. Yves Gagnon, a dentist specializing in prosthodontics, wrote a
detailed report. He meets with the client in February 2015 and specifies that her main

complaint is chronic jaw pain and difficulty chewing, which affect her quality of life. He also

believes that the client could benefit from a more physiological occlusion and that the

treatments required are complex. He proposes to provide the SAAQ with mounted models

of the client’s teeth.

 In this report, it is indicated that the client wanted to have all her teeth extracted and thus
obtain conventional removable dentures, but this specialized dentist considers that this would

probably be a serious mistake and that the skeletal relationship of the jaws should be

corrected first.

 Dr. Miller signs an additional report on February 27, 2017. He states that the client reports
to him that her crossbite and mandibular deviation appeared as a result of the reduction of

facial fractures suffered in the past, and that this condition has gradually deteriorated to the

point where she has had great difficulty eating.

 Dr. Miller is performing a cone bean scan investigation to assess where the malalignment of
the jaws comes from. This maxillofacial surgeon sees, from a bottom-up view, that the

fracture has not been anatomically reduced and that the left mandibular body is deviated

externally, which he believes explains the cross-occlusion.

 He adds that the condyles at the joints are normal, which eliminates hypercondylism or
arthritis. The only possible explanation then is a traumatic condition, according to this

maxillofacial surgeon.

 Dr. Miller states in writing that he and Dr. Gagnon discussed and agreed on a treatment plan,
which included a Lefort 1 osteotomy, removal of upper and lower teeth, four implants in

each jaw, and removable bar prostheses in the maxilla and mandible.

 On June 21, 2017, Dr. Miller wrote a report. Upon review of the client’s previous record, he
found that the client had suffered three fractures to the mandible, rather than the two initially

mentioned. He reported that on reading the file, there was an initial bilateral “crossbite” after

the accident and that the “crossbite” was then unilateral, showing that the teeth had moved.

 This maxillofacial surgeon also believes that claiming that only the mandible is affected is
false. Radiological reports show a fracture of the malar bone that has not been reduced. He

considers that the fractures were not adequately reduced, since analysis of old photos of the

client shows that her face was symmetrical before the accident.

 On December 20, 2018, Dr. Rodier St-Louis, evaluating dentist for the SAAQ, reviewed the
file and issued his expert opinion.

 He stated that the client had already undergone the treatments proposed by Dr. Miller and
Dr. Gagnon, and this expert did not in any way question the necessity of the treatments

performed.

 He considers, however, that the treatments carried out are partially related to a personal
condition since he is of the opinion that a malocclusion was present at the time of the

accident, referring to the expert opinions contemporaneous to this one. He adds that the

alteration in his condition following the accident was corrected by orthodontic treatment and

compensated accordingly by the SAAQ.

 As for the upper teeth, he specifies that they were neither lost nor fractured during the
accident and that the current or recent condition is more, in his opinion, the unfavourable

evolution of a personal condition.

 The client recounts that before the accident, her teeth were not perfect, but she had no
chewing problems. She says that the condition of her jaw and teeth has deteriorated over the

years and that the orthodontic treatment she received was never enough to restore her teeth

to their original position.

After the initial meeting with the client, Me Van Damme tells you that he will attempt to challenge

the SAAQ’s decisions and that he believes he has a good chance of success.

Work to be completed:

 Using the knowledge acquired in the courses Administrative Procedures and Computerized
Legal Research, please analyze the facts of the case and complete the legal framework of

the case (next page). Some research will probably be necessary ;

 Thereafter, please identify an appropriate model of act. You do not need to complete the
act. You must find the model and send it to Me Van Damme so that he can fill it out himself.

Deadline for submission : ___12/07/2020 9h00____________________________________

DETERMINATION OF THE LEGAL FRAMEWORK

1. Field of Law

2. Applicable legislative

provisions

3. Useful Remedies and

Procedural Vehicles

4. Jurisdiction of the Court

5. Parties involved

6. Prior actions required and

time frame for action

7. Burden of proof

a) Plaintiff

b) Defendant

(if applicable)

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

[email protected]

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_____________________________________

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Law Firm
Legault Arruda & associés

End-of-study project – Paralegal techniques
Collège CDI. Administration. Technologie. Santé.

1

Phase 4: Billing, timesheet and work follow-up

Me Van Damme is now asking you to complete the billing for the months of June and July. To
achieve this, you will need to use the timesheet you completed during Phases 1, 2 and 3 as well
as the information submitted in each phase.

Work to be completed:

1. Using the knowledge gained from the Ethics and Financial Management and Legal Drafting
1 courses, please create an invoice and letter for all clients in Phases 1, 2 and 3.

2. Using the knowledge gained from Legal Drafting 2, please submit the relevant pages of
your electronic agenda (for example outlook agenda) to demonstrate your consideration
and knowledge of deadlines and time limits and an appropriate method of tracking files.

Additional instructions:

1. Your invoices should be attached to a letter to customers;
2. You don’t have to invent disbursements for invoices. In other words, use only the

information you have;
3. Your letters must have a header indicating the contact information of the office;
4. You must indicate that the accounts carry interest at an annual rate of 1.5% after 30 days;
5. You must submit your timesheet of Phases 1, 2 and 3 (Word document) at the same time

as the invoices. It must indicate the date you worked on the mandate, the file number,
the tasks performed and the time invested for each task;

6. In order to transmit your calendar, you can make screenshot of every week or month;
7. Pay particular attention to the quality of your written expression and the presentation of

documents (e.g. font, font size, margins, alignment, etc.).

Delivery deadline: 9h00 02/19/2021

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Law Firm
Legault Arruda & associés

End-of-study project – Paralegal techniques
Collège CDI. Administration. Technologie. Santé.

1

As part of your End-of-study project, you will have to work and respond to all requests from the

Legault Arruda et associés Law firm. It is an office that brings together lawyers practising in

several areas of law as well as notaries.

You will have to apply all the concepts learned in class in order to hand over your completed files to
your employer.

Your files will be sent to you in phase with delivery deadlines to be met. Any delay will be sanctioned
based on the number of days of lateness.

When you submit completed files or ask questions of your employer, you will need to write a
professional email that respects all the rules seen in class, including the confidentiality notice and
the full address.

Phase 1: Code of Ethics

You are employed by Me Jean-Claude Van Damme, of the Legault Arruda & Associés Law Firm, a
general partnership. Your office is located at 2020 Mercier Boulevard, Suite 52, Laval, H7N 1M1.
Me Van Damme’s email address: [email protected]. The phone number at the
office is 450-662-6470. The fax number at the office is 450-658-7894. Code: LA-5796

To complete the billing, Me Van Damme provides you with the following information:

 File opening fee: $150.00 (Lump sum)

 A paralegal’s hourly rate: $85.00

 Me Van Damme hourly rate: $250.00

 GST: 197846541245 QST: 45784915467

Me Van Damme informs you that he is newly appointed to sit at meetings of a group that wants to
form the Association of Paralegals for CDI College. Administration. Technologie. Santé. He is
sending you a draft of the Code of Ethics that they developed during the last meetings. Here is
what is required in this file:

Client’s Name: Association of Paralegals of CDI College. Administration.
Technologie. Santé.

Representative: Sylvain Généreux

Address: 338 Beauport Street
Montreal, Quebec, H4S 8M5

Phone: 450-623-7595

Email: [email protected]

File number: 3214-2

Advance fee: $250

2

Work to be completed:

 Using the skills achieved in the 1 and 2 Word Processing courses as well as Law Review
and Methodology, please correct the layout of the text and produce a clear table of
contents;

 Using the skills achieved during the course of Ethics and Legal Financial Management, find
the five ethical errors. Write a memo to Me Van Damme by specifying the articles of the
Code of Ethics for Lawyers that were not respected. Make sure you follow the rules of the
McGill Canadian Guide to Legal Citation;

 Using the skills achieved during the Legal Drafting courses as well as Bilingual legal
terminology, please complete the missing definitions and specify the terms in English;

Additional instructions:

Billing and agenda

 In order to complete the billing, you need to write down your time and keep track of what
you have done by specifying the date, file number, task performed and time invested. For
example, you can write in a Word file:

TIME SHEET

Date: May 25, 2020
File number: 3214-2
Task: Fixing of the layout
Time: 1 hour

Date: May 26, 2020
File number: 3214-2
Task: Insertion of the table of materials
Time: 0.5 hours

 You must also enter the delivery time and reminders in the Outlook electronic calendar.
You will eventually have to send everything to Me Jean-Claude Van Damme, who will
verify your ability to keep an agenda.

Delivery deadline: 9h00 01/11/2021

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Law Firm
Legault Arruda & associés

End-of-study project – Paralegal techniques
Collège CDI. Administration. Technologie. Santé.

1

Phase 3: Legal drafting in Civil matters (demand)

On Friday May 15, 2020, Me Van Damme gives you the notes taken on Thursday, May 14, 2020
during an interview with Nathalie Leblanc.

Notes from the interview on Thursday, May 14, 2020 with Nathalie Leblanc (file 2515-1)

 purchase of a used vehicle on April 4, 2014 from”440 Chevrolet Buick Ltd.”

 Vehicle brand and year: Volkswagen EOS 2008

 Amount: $24,546.01

 Vehicle odometer at the time of purchase: 67,000 kilometers

 On February 8, 2019, Ms. Leblanc decided to change her vehicle

 Reason: Recurring problem of water infiltration inside the vehicle. She had to bring her
vehicle to Volkswagen Laurentides seven times, starting May 18, 2014.

 Goes to H. Grégoire to shop for vehicles

 At this point, a vehicule exchange is discussed, but he is told that the car is only worth
$2,500

 The Vehicle History Report(Carproof)is provided, which includes the following statement
on December 22, 2010 and January 27, 2011 “Manufacturer Buyback Lemon” »

 However, the history report does not indicate why the vehicle was repurchased

 Ms. Leblanc is outraged

 The vehicle she bought was not in good standing and “440 Chevrolet Buick Ltd. knew it
when the vehicle was bought in 2014

 Ms. Leblanc researched the Internet and found that she should have obtained about
$10,000 for her vehicle

 She states that she would have never purchased the vehicle or would not have paid so
much if she had been aware of this reference to the vehicle history report(Carproof)and
the manufacturing defect.

 Desired claim
o Loss of value of her vehicle: $7,500
o Water infiltration expenses: $1,390
o Dammages, troubles and inconveniences: $10,000$

Documents provided by the client

 Contract to sell a Volkswagen EOS vehicle signed on April 4, 2014

 Volkswagen EOS Vehicle History Report(Carproof))

 Document showing the results of the research on the value of his vehicle

 Proof of the 7 visits to Volkswagen Laurentides

Contact information:

 Nathalie Leblanc, 1333 Chomedey Blvd., Laval, H7V 3Z4. Phone: 450-741-2589. Email:
[email protected]

 440 Chevrolet Buick Ltd., 3670 Laval West Highway, Laval, H7T 2H6. 450-962-2145. Email:
chevroletbuicklté[email protected]

2

Deposit fee: $200

Work to be completed:

 Using the knowledge gained from the Legal and Obligations Basis and Contentious practice
courses, analyze the facts of the case and determine the applicable area of law and
applicable legal principles;

 Using the competences achieved during The Civil Proceedings and Legal Drafting courses,
please write a letter of formal notice and an originating application.

Additional instructions:

 The letter of formal notice must be written on May 19, 2020;

 The date of the originating application must respect the date of the demand letter and the
deadline granted;

 The originating application must be completely drafted, with all that should be attached
to it for the filing to the court;

 Pay particular attention to the quality of your drafting and the presentation of the
document (e.g. font, font size, margins, alignment, etc.) .

Agenda and billing

 Again, you need to write your time and keep your agenda. Please refer to Phase 1 to
refresh your memory about the instructions.

 In your calendar, you must include all relevant dates and reminders until the case protocol
is filed.

Delivery deadline: 9h00 02/05/2021

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