Landlord lord and Tenant & Richard Allen Case Study - Law Assignment Help

Assignment Task

Task 

The Facts-Scenario 2
The persons involved in this Landlord and Tenant Board application live in an apartment building, 25 stories, downtown Ottawa. There are 350 units in
the residential complex.
• Jack Smalts, the superintendent, lives on the main floor unit 101
• Richard Allen, a tenant, lives in unit 1504
• Harry Sargeant, a tenant, lives in unit 1404
• Pat Quinn, is Harry’s guest/date at the time of the incident

The landlord has filed an application to evict Richard Allen based onimpaired safety (based on Form N7) and for interfering with the reasonable enjoyment of the premises and wilfully causing damage (Form N5). Harry Sargeant lives directly below Richard Allen. The apartment building has balconies outside each unit. Each balcony is exclusive use for each unit. Harry reported to Jack Smalts that he was on his balcony having a glass ofwine with a date that he was trying to impress. While sitting on the balcony a cigarette butt, still lit, flew onto Harry’s balcony and fell into his wine glass. The bottle was special, it cost $85.00. This happening was so shocking to Harry that he physically jerked away and ended up knocking over the bottle, it fell onto the cement floor, shattered, and soaked the very expensive designer shoes of his date resulting in a permanent stain (ruining them).

Harry got up, looked over the edge of the balcony and up and saw Richard Allen leaning against and slightly over the balcony railing of his unit, holding something lit. Richard will say it was a joint (of the medical kind (even though its legal)—wink wink?). Harry yelled at Richard for throwing lit tobacco from the balcony, he cursed him badly (will Harry admit it?). Richard had done this before and Harry has found butts on his balcony before.Richard was very insulted by the bad curse who wouldn’t be? He told Harry off in no uncertain terms. Harry alleges that Richard then threw a beer bottle that Richard was holding at Harry’s face (was it because of how Harry reacted to the impact of the “curse”). The bottle hit him in the  forehead, opening a wound, and then fell to the parking lot below where it shattered in the parking lot outside the side entrance to the building. No one was hurt.

There is a picture of the wound and a picture of the shattered bottle. There is a lot of detail in the pictures. Richard denies throwing anything though wishes it was true because Harry deserves it for what he said to him. Harry called Jack Smalts within 20 minutes of the event happening. Jacktook the pictures. Jack knows that Harry was beyond crazy angry. Jack called the police. The police attended, spoke with Harry and then went and knocked on Richard’s door. Richard did not answer so the police left. They told Jack they would follow up. As far as Jack knows nothing has come of the police report/investigation. It is possible that Jack Smalts is a friend of Harry Sargeant. They may be drinking buddies (or that may be a misperception), They may have been on the same curling team years ago. From time to time they have been seen at a local pub sharing a beer, chatting, looking friendly. Jack will reluctantly admit that he has not personally seen or heard Richard being anything but polite—though he has heard others speak badly about Richard.

Please Read These Instructions Carefully
1. There are two fact scenarios. You will be assigned one of the scenarios by the following instructions.
a. Students with last names starting with the letter A through F will work with Fact Scenario 1.
b. Students with last names starting with the letter G through M will work through Fact Scenario 2 numbered paragraph 1.
c. Students with last names starting with the letter N through Z will work with Fact Scenario 2 numbered paragraph 2.

2. The instructions of what to do are contained in the numbered paragraphs of each fact Scenario (look at the end of the fact scenarios for the numbered paragraph).

In Addition To The Instruction In The Scenario—do The Following:

3. Prepare a short outline, paragraph, sketch, (to be handed in and graded), of your objective, strategy, approach, for each of the tasks outlined in your scenario. For example, if yours is Fact Scenario 1 you will prepare an outline, thoughts, sketch, paragraph, outlining your plan for cross
examining Fred, direct examination of Zack, and cross examination of Yves. You would perhaps set out your goal, your theory, what you hope to get from the witness. If you have a tactic or strategy feel free to discuss. Word  count limit 300-700 words total. This is not to be an academic paper on examinations---this is your game plan for your examination of the witnesses in this exercise.
a. This instruction (#3) means you are preparing 3 outlines.

4. If yours is FACT SCENARIO 2, and you are following instruction 1

(based on last name G through M), you should prepare an outline, thoughts, sketch,
paragraph, outlining your plan for Examination in Chief of Jack Smalts, a
Direct Examination of Harry Sargeant, A Cross Examination of Richard Allen,
a Direct Examination of Pat Quinn.
a. This instruction (#4) means you are preparing 4 FOUR outlines.

5. If yours is FACT SCENARIO 2, and you are following instruction 2 (based on your last name starting with letter N through Z, you should prepare an
outline, throughts, sketch, paragraph, outlining your plan for Examination in Chief of Richard Allen, Cross Examination of Jack Smalts, Cross Examination of Harry Sargeant, Cross Examination of Pat Quinn.
a. This instruction (#5) means you are preparing 4 FOUR outlines.

6. How do you prepare? How do you examine? How do you cross examine?
This is a matter of some self study and ultimately practice. You can find many fantastic resources through internet searches. Here is a link to an
example of a good guide on direct examination:

How Long Should Each Examination Be?

7. Perhaps 10 to 20 questions per examination. If it helps to create a flow— imagine the answer to each of the questions that you asked and then ask
the follow up question. You may do the initial and typical leading question for the opening but then be sure to delve into the details of the fact scenario. 

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