Court File no.

24-SP-123456

ONTARIO
SUPERIOR COURT OF JUSTICE

BETWEEN:

DEBT-YOU-BET INC.

Plaintiff

- and -

LANCE TILTON
Defendant

MOTION RECORD

Stills, Waters
Barristers and Solicitors
1010 Bay Street, Suite 2505
Toronto, Ontario
M6G 2A8

(416) 555-0202
TWaters@SWLawFirm.ca

Attention: Tanya Waters

LSO# 36526Z

Solicitors for the Plaintiff

TO: Stone & Gruesome

Barristers and Solicitors
128 Bay Street
Suite 2223
Toronto, Ontario
M6G 2K9

Daniel K. Letts
(416) 555 – 1234
Email: dletts@lawfirm.com
 Solicitors for the Defendant

TABLE OF CONTENTS

TAB PAGE

1 Notice of Motion returnable April ___, 2024 1

2 Affidavit of Tanya Waters, sworn March __, 2024 4

3 Exhibit “A” – credit card receipts 6

4 Exhibit “B” –credit card application of Sherry Tilton, 9

Dated June 24, 2023
 Court File no. 24-CV-123456
ONTARIO
SUPERIOR COURT OF JUSTICE

BETWEEN:

DEBT-YOU-BET INC.

Plaintiff

- and -

LANCE TILTON

Defendant

NOTICE OF MOTION

THE PLAINTIFF will make a motion to the court on April 27, 2024 at 10:00 a.m. or as
soon after that time as the motion can be heard at the Court House, 330 University Ave, Toronto,
Ontario.

PROPOSED METHOD OF HEARING: The Plaintiff proposes that this motion be

heard orally.

THE MOTION IS FOR:

1.An Order allowing the Plaintiff to amend its Statement of Claim to increase the damages
claimed to $126,000.00;

2. A further Order allowing the Plaintiff to add Sherry Tilton as a Defendant to the action;

3. A further order allowing the Plaintiff to amend its Statement of Claim to add further
allegations against the Defendant Lance Tilton, and against the proposed Defendant Sherry
Tilton;
4. The costs of this motion; and

5. Such further and other relief as to this Honourable Court may seem just.
 THE GROUNDS FOR THIS MOTION ARE:

1. The Plaintiff has discovered that the proposed Defendant, Sherry Tilton used the credit
card of the Defendant Lance Tilton, without proper authorization to do so;

2. The unauthorized use of the credit card by Sherry Tilton has increased the amount owed
to the Plaintiff to $126,000;

3. No prejudice will result to any of the parties;

4. Rules 26.01 and 26.02 of the Rules of Civil Procedure.

THE FOLLOWING DOCUMENTARY EVIDENCE will be used at the hearing of

this motion:

1. The Affidavit of Tanya Waters, sworn March __, 2024, and exhibits attached thereto;

2. The pleadings and proceedings herein;

3. Such further and other material as counsel may advise and this Honourable court may
permit.

Insert date
Stills, Waters
Barristers and Solicitors
1010 Bay Street, Suite 2505
Toronto, Ontario
M6G 2A8

(416) 555-0202
TWaters@SWLawFirm.ca

Solicitors for the Plaintiff

(Moving Party)
TO: Stone & Gruesome
Barristers and Solicitors
128 Bay Street
Suite 2223
Toronto, Ontario
M6G 2K9

Daniel K. Letts
(416) 555 – 1234
Email: dletts@lawfirm.com

Solicitors for the Defendant

 Court File no. 24-SP-123456
ONTARIO
SUPERIOR COURT OF JUSTICE

BETWEEN:

DEBT-YOU-BET INC.

Plaintiff

- and -

LANCE TILTON

Defendant

AFFIDAVIT OF DANIEL LETTS

Sworn on April 10, 20__

I, TANYA WATERS, of the City of Toronto in the Province of Ontario, MAKE OATH AND
SAY AS FOLLOWS:

1. I am a partner in the law firm of Stills, Waters, solicitors for the Plaintiff, and as such

have knowledge of the matters hereinafter deposed to.

2. On February , 20__, a Statement of Claim was issued in this action. This action arises

out of monies owed by the Defendant to the Plaintiff, based on a Credit Card Holder

Agreement.

3. On February __, 20__, the Plaintiff was served with a Statement of Defence in this

action.

4. During the course of my review of the Plaintiff’s file, I discovered credit card receipts
with what appeared to be different signatures. Upon closer review of the receipts, I concluded

that many of these receipts have been signed by a Sherry Tilton. Now shown to me and

marked as Exhibit “A” are copies of those receipts.

5. The Vice President of the Plaintiff, John Taker, has advised me, and I verily believe to

be true, that Sherry Tilton is the sister of the Defendant Lance Tilton. The Plaintiff has further

advised me that Sherry Tilton had also applied for a credit card with the Plaintiff, but based on

her poor credit rating her application was declined. Now shown to me and marked as Exhibit

“B” is a copy of the credit card application of Sherry Tilton.

6. It is the Plaintiff’s position that the Defendant knowingly allowed his sister Sherry

Tilton to use his credit card. Accordingly, both the Defendant and Ms. Tilton are liable under

the Credit Card Holder Agreement.

7. In the alternative, even if the Defendant was unaware of the use of his credit card by

Sherry Tilton, it is the position of the Plaintiff that it is the Defendant’s responsibility to protect

his credit card from improper use.

8. I make this affidavit in support of a motion for an order allowing the Plaintiff to amend

its Statement of Claim to increase the amount of damages claimed to $126,000.00, to add

Sherry Tilton as a Defendant and to amend its Statement of Claim accordingly, and for no other
or improper purpose.

Sworn before me at the )

City of Toronto )
In the Province of Ontario Tanya Waters
On the day of )

____________________________________
 [Exhibit “A”]

Copies of credit card receipts

 Exhibit “B”

Copy of Credit Card Application

Of Sherry Tilton