DANIEL & PARTNERS

Barristers & Solicitors

LLP
Mailing Address:
P.O. Box No. 24022 St. Catharines, Ontario Canada L2R 7P7

The Dominion Building, 39 Queen St., St. Catharines, Ontario Telephone: 905 688-9411 Fax: 905 688-5747

REPLY TO: D. C. DeLORENZO E-mail: delorenzod@niagaralaw.ca

September 11, 2008 Our File: 38,051-LDD Sandra Lynn Elsley 6002 Mountaingate Drive NIAGARA FALLS, Ontario L2J 4H9 Dear Ms. Elsley:
Re: Cooper v. Elsley, et al.

As you are aware, this action has been scheduled for trial to commence the week of October 20t 2008.
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At the pre-trial of this matter, Mr. Justice Matheson expressed an opinion favourable to my client's case and encouraged you to resolve this file. Although you advised me you wished to discuss settlement, I have received no settlement proposal from you. At the time of the pre-trial, my client's damage claim amounted to $136,271.00 plus prejudgment interest and costs. As the trial approaches, the claim for costs will increase significantly. If successful, the Judgment against you could be well in excess of $200,000.00. The purpose of this letter is to invite settlement discussions with you prior to an escalation of the costs claimed against you. If you wish to discuss settlement, please contact me by Thursday, September 18, 2008, failing which I will have no alternative but to proceed with preparations for trial. I look forward to hearing from you. Respectfully, D. C. DeLorenzo DCD:kl