Reference no: EM133286551
This assignment engages you in taking a research problem from beginning to end using the fact situation provided. You will focus on how to examine a fact situation and the legal issues that arise from it. You will also focus on analyzing the various legal authorities provided to you. You will be required to demonstrate your ability to record your research, analysis, and conclusions by drafting a legal memorandum/memorandum of law.
Working with the case scenario below, familiarize yourself with the facts. Analyze, interpret, and apply the facts to the appropriate legal authorities.
Case Scenario
Mr. Jones, a self-proclaimed neighbourhood activist, assisted a resident in his community, Ms. Sunshine, in a fence dispute with another neighbour, Mr. Donut. In Y-1, Mr. Jones was sued by Mr. Donut for defamation. In the same year, the Court ordered Mr. Jones to pay Mr. Donut $50,000.00 for defamation.
On January 1, Y0, Ms. Cranberry, a journalist, with a regular column in the triOS Tribute newspaper, wrote a column about the Court's decision in the case between Mr. Donut and Mr. Jones. The column was titled "No Sunshine and Donuts Here", which was published by the triOS Tribute on January 2, Y0, both in print and online.
Mr. Jones has now sued Mr. Cranberry and triOS Tribute (the "Defendants") for $5,000.00, alleging that the column was defamatory of his character. You represent the Defendants. The Defendants are asking you if the Court could strike Mr. Jones' claim.
Without knowing the facts in the claim or the nature of the article, review, analyze and interpret the legal authorities provided to you and draw a conclusion that responds to your clients' question. Submit the entirety of your research in the form of a legal memorandum.
Legal Authorities
Small Claims Court Rules - Rule 12.02 (1) and (2)
Van de Vrande v. Butkowsky, 2010 ONCA 230
O'Brien v. The Ottawa Hospital (Civic Campus), 2011 ONSC 231 (Div. Ct.))
Cummings v. Burlington Radio Control Modelers, 2018 CanLII 123232 (ON SCSM)
ASSIGNMENT STEPS
- Revisit the fact situation above and identify the relevant facts, and the relevant issues to assist you with researching the legal problem using the legal authorities provided to you.
- Predict the outcome after analyzing the facts and the law.
- Prepare your legal memorandum using the format in the handout provided.