17 January 2018 With Prejudice Hangem and Swingem & Co, 123 Knotted Street Calabasa City Ontario Dear Sir/Madame: RE: Albequerque Nail Co VS. Hangem and Swingem &Co. We wish to report to you about the recent case. Of In Re. American Connectors Inc. (2017), 144 CCLT 221 (SCC) a case recently decided by the Supreme Court of Canada, and the affects of this decision that may have upon the above noted litigation. FACTS In the American Connectors case, the facts were similar as to those In the case presently involving you're firm. A carpenter, while engaged in the construction of an outdoor shed, was used nails manufactured by American Connectors. While he was driving a nail, it bended under the force of the four lb. hammer that he was used. Consequently. The hammer hit the carpenter's right thumb, shattering the knuckle, As a result, the worker lost the effective use of his right hand and could not longer earn a living with his usual trade. ISSUE The pertinent issue in the case, for our purposes, is whether the fact that the nail bended under normal use, could provide a basis for a found of liability against the manufacturer. The court was held that ift could be established that the bended of the nail was as a result of fauit manufacture or design and not as a result of an error by the carpenter then the manufacture could be held liable for all reasonably and foreseeable damage resulting therefrom. APPLICATION [As you know, In our case the facts are almost identical; however, the nail’s manufacturer, in this matter, has brought a Third Party action against you as the hammer’s manufacturer. It is our opinion that the American Connectors case assists us in defending against this claim as a result of the Court's findings in that case it is unlikely that the hammer will be found to be the cause (of such injuries unless 2 direct link can be drawn between the accident and the manufacture of the harnmer in our case as you are aware there is no evidence of faulty design of the hammer.Accordingly, we seek advice to bring @ motion for the dismissal of this action against you with costs on the basis of the law as stated in the American Connectors case. We await your advises. Yours very truly Markem and Billem Tom Pettifogger