Anna and Archie Andrews Landlord Case Study - Law Assignment Help

Assignment Task

Anna and Archie Andrews Case Study    

Anna and Archie Andrews were long-time residents of Springwater, Ontario. Archie was a carpenter. In Springwater, there is a hardware store called Diego’s Hardware (“Diego’s”), named after its owner, Diego D’Ambrosio. Archie was a long-time client of Diego’s and regularly purchased carpentry supplies on running credit. Archie was diligent about paying his accounts at the end of each month. Anna and Archie had two children: Roger and Betty Andrews. Betty lives in Newmarket, Ontario, where she works as a realtor. Roger lives in Winnipeg, Manitoba and works as a rigger. Anna Andrews passed away in November, 2021. Archie passed away in January, 2022. Archie left the family home jointly to Betty and Roger. They decided to renovate the house before putting it on the market. After renovations, the house is expected to be worth $750,000. The sale proceeds would be used to pay off the mortgage balance of $500,000. Once the house sold, and the estate expenses were paid, Betty and Roger will each inherit approximately $100,000. On January 15th, 2022, Roger went to Diego’s Hardware and introduced himself as Archie’s son. He explained to Rick Ricardo, the manager, that he wanted to purchase supplies on credit and that he would pay the account upon the closing of the sale of the house or by April 20, 2022, whichever came earlier. Roger and Rick agreed that the account would not be allowed to exceed a $60,000 credit and that interest would begin to accrue one month (“net 30”) after each account debit at an annual interest rate of 8%. The was no written contract. Rick took notes, but no formal written contract

Task
Rick approved the retail credit as Roger requested. Rick did not request a credit bureau search consent, but did obtain Roger’s personal information, from his driver’s licence, as follows:

• Roger Andrews,
• Born: April 12, 1981
• 1228 Elmwood Drive
• Winnipeg, Manitoba
• R3G 1K7
• (204) 555-1235
• (705) 555-1632 (local)
• Roger’s running account at Ricardo’s is as follows:
• DATE INVOICE DEBIT CREDIT BALANCE
• Jan 15 20-147 15,000 $15,000
• Jan 21 15,000 0
• Feb 23 20-158 30,000 $30,000
• Feb 28 20-181 4,100 $34,100
• Mar 6 20-193 9,200 $43,300
• April 17 

Betty and Roger completed the renovations on their parents’ home on March 25, 2022 and put the house up for sale at $750,000. They found a buyer on March 29, 2022 and the sale closed on April 20, 2022 for $765,000. On April 21st, 2022, Rick called the local telephone number Roger had provided and Betty answered the phone. Rick asked to speak to Roger to inquire about the payment that was now overdue. Betty informed Rick that the sale of the house had closed and she thought that Roger had already paid the account from the proceeds of the sale. Betty told Rick that Roger had returned to Winnipeg on April 17th and had recently left for a one week vacation at an all-inclusive resort in Mexico with his wife, Deborah. Betty also mentioned that she didn’t know how they could afford the vacation as her brother was “deeply in debt”. 2 On April 30th, 2022, Rick reluctantly decided to call a lawyer to see what the options were to collect the debt that Roger owed. The lawyer, Max Power, obtained some preliminary searches and determined that: - Roger has a new vehicle and a new home in Manitoba, both of which are collateral in a registered security agreement and mortgage, respectively. - Roger also has a few unencumbered assets in Alberta, collectively worth approximately $50,000. - Although Roger makes a decent living, he consistently has financial difficulty during his layoff seasons.

1 Outline the steps you need to take in opening/preparing the file for Max (assume that Rick has already executed a retainer agreement and provided a $5,000 cheque for his initial retainer). 
2. How much can the client claim for the unpaid account, including the principal and all applicable interest as of April 17, 2022? 
3. The client has instructed Max to send a demand letter to the debtor, dated May 2, 2022 with a 10 day demand period. You have been instructed to demand the amount due on the date of anticipated payment. Prepare same for Max’s review. 

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