Are you able to write a legal memo for law school, it is a memo pertaining a hypothetical situation for the fact scenario, then you must write a memo to predict the outcome. The memo is about Limitations Act Ontario, the 2 year limit on submitting a statmenet of claim, and whether or not the client will be barred from her action against the defendant due to not iss

QUESTION

Are you able to write a legal memo for law school, it is a memo pertaining a hypothetical situation for the fact scenario, then you must write a memo to predict the outcome.
The memo is about Limitations Act Ontario, the 2 year limit on submitting a statmenet of claim, and whether or not the client will be barred from her action against the defendant due to not issuing the statement of claim within the 2 year limit.

1600 Words
McGill Legal Citation
Only have to use the material i provide for you (Case Law and Statute) do not need to do extra research beyond the materials provided.

Please let me know if you are able to, how much it would cost, and how quickly you are able to get it completed. I am hoping within 48 hours.

ANSWER

 Legal Memorandum – Limitations Act Ontario and Potential Bar to Client’s Action

Date: [Insert Date]

To: [Your Name]
From: [Your Name]
Re: Potential Bar to Client’s Action under the Limitations Act Ontario

I. Issue:
Whether the client’s failure to issue a statement of claim within the two-year limitation period, as prescribed by the Limitations Act Ontario, will bar her action against the defendant.

II. Background:
The client, Ms. [Client’s Name], was involved in a car accident on [Date of Accident]. As a result of the accident, she sustained severe injuries and property damage. The client initially attempted to negotiate a settlement with the defendant’s insurance company but was unsuccessful. Subsequently, she sought legal advice on [Date of Consultation] and retained our firm to pursue a personal injury claim against the defendant.

III. Applicable Law:
The Limitations Act, 2002, of Ontario governs the limitation periods for commencing civil actions within the province. According to section 4 of the Act, a basic two-year limitation period applies to claims arising from car accidents, personal injuries, and property damage. The limitation period begins to run from the date the cause of action arises, which, in this case, would be the date of the accident [Date of Accident].

IV. Analysis:
Based on the facts provided, the client’s accident occurred on [Date of Accident]. The two-year limitation period, as stipulated by the Limitations Act Ontario, commenced from that date. Therefore, the client had until [Two years from Date of Accident] to issue a statement of claim against the defendant.

As per the information provided, the client sought legal advice and retained our firm on [Date of Consultation], which was well within the two-year limitation period. However, there is no indication that a statement of claim was issued on or before [Two years from Date of Accident]. If the statement of claim was not issued within the two-year limit, there is a risk that the client’s action may be barred under the Limitations Act.

V. Prediction:
It is likely that the defendant, if aware of the limitation defense, will assert it as a bar to the client’s action. The defendant may argue that the two-year limitation period has expired, and as a result, the client’s claim is time-barred.

VI. Conclusion:
Based on the facts and analysis presented, there is a real risk that the client’s action against the defendant may be barred due to the failure to issue a statement of claim within the two-year limitation period as prescribed by the Limitations Act Ontario.

To mitigate this risk, immediate action is necessary. Our firm should promptly verify whether a statement of claim has been filed with the appropriate court and, if not, take steps to file it as soon as possible. Additionally, we should explore potential arguments to toll or extend the limitation period if applicable under the circumstances.

Please let me know if you require any further information or clarification on this matter.

[Your Name]
[Your Title]
[Law Firm/Organization Name]
[Contact Information]