Small claim court assignment

Fact Situation:

Justine Timberlake and Peter Piper are neighbours. Justin and Peter have never really gotten along well with each other but lately things seem to have gotten worse.

Justin is constantly complaining to Peter because the branches of a large maple tree, which are in Peter’s yard, are hanging over the fence and obstructing his (Justin’s) view of the golf course behind his house. Peter has refused to cut the branches, saying that it will destroy the tree.

On August 8, (last YEAR) it was a beautiful day and Justin wanted to watch the golfers. He could not see them because of the tree branches. Justin went to his garage, got a saw, went onto Peter’s yard and cut off all of the branches which were hanging over the fence.

When Peter, who had been shopping with his wife, returned home and saw the tree, he was very upset and went to talk to Justin. Peter told Justin that because of his (Justin’s) actions, the tree was now worthless and would soon be dead. Justin called Peter “crazy” and told him that the tree would not die.

Sure enough, about 6 weeks later, the tree died and had to be removed from Peter’s property. Peter claims the tree was worth $6,000 and that it cost him $3800 to have it removed. Peter asked Justin to pay for the tree and the cost of removing it. Justin refused.

Peter now wants to sue Justin in Small Claims Court. Prepare the Plaintiff’s Claim for Peter and the Statement of Defence for Justin.

Note: Research all necessary local By-laws on tree planning, removal and Trespass to Property.

Assignment:

  1. Prepare a Retainer Agreement [Create your firm and details]
  2. Check for Conflict of Interest and Create addresses and court details as they pertain to

    your local area

  3. Draft a Statement of Claim – [for Peter]
  4. Draft a Statement of Defence – [for Justine – rely on the Statement of Claim you issued

    on behalf of your client Peter]

  5. Prepare any necessary affidavits for service etc

(20 Marks)
Instructor to grade for form and content.