To finalize this set of blogs about the Plaintiff’s Claim in the Construction / Renovation context, I thought it would be worthwhile to give some information about that all-important Schedule A!
Schedule A
The Plaintiff’s Claim includes space for you to give reasons as to why you think you’re entitled to damages from the Defendant(s). The space provided in the government form is not normally enough for you to tell your side of the story. That’s why you can simply state “See Attached Schedule A” and then give your story on a separate document which you attach to your Plaintiff’s Claim. Make sure to title this document “Schedule A”.
In what follows, we’ll be going over some of the various factors which you should consider when drafting your own Schedule A.
The Claim
The first thing any Schedule A should have is a paragraph that sets out who you are suing and for how much. For example: “The Plaintiff is suing the Defendant, Jeremy Smith, for breach of contract and for negligent performance of services rendered for $5,000.”
The Parties
Next, Schedule A should identify the parties to the claim. Here are some examples:
“The Plaintiff, John Doe, is an individual residing in Toronto, Ontario.”
“The Plaintiff, X Corp., is a corporation with an office in Mississauga, Ontario.”
“The Plaintiff, ABC Partnership, is a partnership with an office in Oakville, Ontario.”
“The Defendant, Jane Smith, is an individual residing in Newmarket, Ontario.”
“The Defendant, 123456 Ontario Inc., is a corporation incorporated under the laws of the Province of Ontario.”
“The Defendant, Jeremy Smith, is an individual operating a sole proprietorship under the name Acme Suppliers”.
The Story
After having identified who you are suing and for how much and having identified all the parties to the action, it’s now time to tell your side to the story. In short and simple sentences and numbered paragraphs, tell the court the chronology of how the parties came together, what they agreed to, what actually happened, and how you suffered damages as a result of the Defendant’s acts or omissions. Dates, places, and the nature of the occurrences are important. Also, be sure to explain how you came to (if applicable) the nature and amount of the damages. You do not need to use “legalese”. Just write in everyday language.
Here are some examples:
Example #1:
The Plaintiff hired the Defendant to paint the Plaintiff’s house.
On January 1, 2010, the Plaintiff and Defendant signed an agreement.
The agreement said that the Defendant would paint the Plaintiff’s house for $5,000.
The Plaintiff had to provide a $1,000 deposit as part of the agreement, which the Plaintiff did.
The Defendant did not paint the house, but kept the Plaintiff’s deposit.
Example #2:
The Plaintiff hired the Defendant to renovate the Plaintiff’s kitchen.
On January 1, 2010, the Plaintiff and Defendant made an oral agreement.
While the Defendant was renovating the Plaintiff’s kitchen, the Defendant damaged the Plaintiff’s floors.
Despite the Plaintiff’s demands, the Defendant did not fix the damaged floors.
The Plaintiff had to hire a third party to fix the floors, which cost $5,000.
The Defendant should reimburse the Plaintiff for the cost of fixing the floors.
Example #3:
The Plaintiff hired the Defendant to repair the Plaintiff’s leaky roof at a cost of $10,000.
On January 1, 2010, the Plaintiff signed the Defendant’s contract for work.
The Defendant was supposed to repair the leaky roof to make the house air and water tight.
3 months after the Defendant allegedly repaired the leaky roof, the roof began to leak again.
The Plaintiff suffered extensive water damage because of the leaky roof amounted to $5,000.
The Plaintiff hired a third party to fix the leaky roof at a cost of $5,000.
The Plaintiff wants the Defendant to return the original $10,000 and pay an additional $10,000 to compensate the plaintiff for the damages.
Please note that the above are simplified examples provided for informational purposes only. Your story may have a lot more detail and complexity (e.g. parties, facts, legal issues, etc.). You should contact a lawyer if you have any concerns about the legal claims you’re raising or how to properly draft your story in a clear and convincing manner.
Remember: this isn’t legal advice. It’s simply legal information. If you’re looking for a lawyer, make a post on Dynamic Lawyers.
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