LITIGATION I

LAWS 151-ONA
K.Steinberg
Winter, 2024

DRAFTING ASSIGNMENT: MOTION RECORD AND AFFIDAVIT

OF SERVICE

This drafting assignment is worth 20% of your final grade in this course. You are
allowed to work on your own or in pairs only. If you work with someone else, it must be
someone in YOUR section, and both of your names must appear on one assignment.
This assignment is out of a total of 80 marks:

1st 2 pages 10

Notice of Motion 22

Affidavit 23

Back sheet 5

Organization of
Motion Record 5

SUBTOTAL: 65

Affidavit of Service: 15

TOTAL: 80 marks

Note: Part of your mark for each question is based on spelling, grammar, sentence
structure, punctuation and organization. Your assignment must be
computer generated.
Attached are all of the documents that you will need. The only two documents that you
are required to draft is the motion record, (together with a cover page, which can be in
memo format) and a draft affidavit of service. in accordance with the Rules of Civil
Procedure. You should use the same lawyers and lawyers’ information that you did
for the Statement of Defence assignment. The email address for Martha Stone is
MStone@lawfirm.ca

DUE DATE: Friday, April 5, 2024, by 11:15 a.m. via Blackboard Assignment Tab
or it will be considered late, and marks will be deducted –5% on the due date, 10%
for each next day, and on the 4th day will NOT be marked)
 MEMORANDUM

TO: You

From: Marvin Stone

Date: Friday, March 22, 2024

Re: Tilton ats. Debt-You-Bet Inc. Court File No. 24-SP-123456

Please draft a motion record asking for an order for removal of Stone and
Gruesome as lawyers of record for Mr. Tilton. As you know, the $5,000 cheque that Mr.
Tilton gave us [dated February 14, 2024] for our invoice dated February 5, 2024 was
rejected by the bank. When I called him on February 26, 2024, I advised him that he
needed to submit payment of a new and certified cheque in order for us to continue
working for him. He has not responded to that letter or our reminder letter dated March 1,
2024 [see attached].
I will be the deponent for the affidavit in support of the motion. Make sure that you
outline in the affidavit that it is our position that due to his February 14th cheque bouncing
and failure to re-submit payment or communicate with us, we are no longer able to
continue to represent him. We still haven’t received payment and he is not returning my
phone calls, which I made on March 11th and 19th of 2024.

When selecting a date for the hearing, please keep in mind that I would like this motion to
be heard at the earliest date possible. Motions are heard in Toronto on Tuesdays and
Thursdays. This motion shouldn’t take longer than 15 minutes or so.

[Note: the Statement of Claim is already on Blackboard (from your first assignment, and
you drafted the Statement of Defence in this action.] Please use the lawyers’ information
provided on your last assignment.

Please have a draft submitted to me online by 11:15 a.m. on Friday, April 5, 2024.
Thank you.
 Copy of Statement of Claim, issued
February 20, 2024

[see full Statement of Claim on Blackboard]

 Copy of Statement of Defence
Dated March 22, 2024

[assume full document is attached]

Invoice from Stone and Gruesome to Lance Tilton
Dated February 5, 2024

[Total Amount for Professional Services Rendered:

$5,000.00]
 Reminder Letter from Stone and Gruesome
to Lance Tilton
re: “Insufficient Funds” cheque and
outstanding payment
[told in letter that if we did not hear from him in 7 days,
we would bring a motion to remove ourselves from the
record]
Dated March 1, 2024