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Statement of Claim

Statement of Claim

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Published by: api-3703507 on Oct 14, 2008
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03/18/2014

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Court File No.
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:JANICE McLACHLAN and ALLAN McLACHLANPlaintiffs- and -MARIE TRAINER and THE CORPORATION OF HALDIMAND COUNTYDefendants
 (Court seal)
STATEMENT OF CLAIM
TO THE DEFENDANTA LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the plaintiff.The claim made against you is set out in the following pages.IF YOU WISH TO DEFEND THIS PROCEEDING, you or an Ontario lawyer acting for youmust prepare a statement of defence in Form 18A prescribed by the Rules of Civil Procedure,serve it on the plaintiff’s lawyer or, where the plaintiff does not have a lawyer, serve it on theplaintiff, and file it, with proof of service in this court office, WITHIN TWENTY DAYS afterthis statement of claim is served on you, if you are served in Ontario.If you are served in another province or territory of Canada or in the United States of America, the period for serving and filing your statement of defence is forty days. If you areserved outside Canada and the United States of America, the period is sixty days.
 
2Instead of serving and filing a statement of defence, you may serve and file a notice of intentto defend in Form 18B prescribed by the Rules of Civil Procedure. This will entitle you to tenmore days within which to serve and file your statement of defence.IF YOU FAIL TO DEFEND THIS PROCEEDING, JUDGMENT MAY BE GIVENAGAINST YOU IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU. IFYOU WISH TO DEFEND THIS PROCEEDING BUT ARE UNABLE TO PAY LEGAL FEES,LEGAL AID MAY BE AVAILABLE TO YOU BY CONTACTING A LOCAL LEGAL AIDOFFICE.
(Where the claim made is for money only, include the following:)
IF YOU PAY THE PLAINTIFF’S CLAIM, and $5,000.00 for costs, within the time forserving and filing your statement of defence you may move to have this proceeding dismissed bythe court. If you believe the amount claimed for costs is excessive, you may pay the plaintiff’sclaim and $500.00 for costs and have the costs assessed by the court.Date ........................................................................... Issued by............................................................Local registrarAddress of court office………………………..……………………………………………………………………………………………………TO: MAYOR MARIE TRAINER85 Townline Road West,Hagersville, Ontario N0A 1H0AND TO:
 
THE CORPORATION OF HALDIMAND COUNTY
 
The Cayuga Administration Office45 Munsee Street North,Cayuga, Ontario N0A 1E0
 
3CLAIM1.
 
The Plaintiff, Janice McLachlan, claims:a.
 
A declaration that she was wrongfully and constructively dismissed from heremployment on or about February 2
nd
, 2007;b.
 
A declaration that the manner in which the Defendants terminated the Plaintiff’semployment was in breach of their duty of good faith and fair dealing;c.
 
A declaration that the Defendant Marie Trainer breached the Plaintiff’s contractof employment by:i.
 
Creating a poisoned work environment for the Plaintiff;ii.
 
Failing to comply with various corporate Defendants’ policies,constitutions and rules;iii.
 
Intentionally inflicting mental suffering on the Plaintiff;iv.
 
Conspiring and wrongfully interfering in the contractual relations of thePlaintiff with The Corporation of Haldimand County;d.
 
Damages for wrongful pre-termination conduct of the Defendants in the amountof $500,000.00 arising from harassment and intimidation, the conspiracy and

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