Affidavit Preparation for Small Claims Court: Canoe Loan Dispute

This assignment requires the preparation of an affidavit for a paralegal student-at-law based on a memorandum from Tom Smith regarding the case of Muriel Doiron v. Jackson Pool. The case involves a canoe loan agreement between Doiron and Pool, where Pool borrowed Doiron's canoe and failed to return it by the agreed-upon date. The affidavit is to be prepared for a settlement conference in the Small Claims Court (Toronto). The provided documents include the Canoe Loan Agreement, and two registered demand letters sent by Doiron to Pool. The affidavit should detail the loan, Pool's failure to return the canoe, and Doiron's attempts to recover it. The affidavit is crucial for supporting Doiron's claims in the ongoing lawsuit and seeking the return of her canoe, which is used in her rental business. The assignment requires the student to synthesize the provided information to create a comprehensive affidavit that accurately reflects the facts and supports Doiron's case.

Memorandum
To: Paralegal student-at-law
From: Tom Smith
Date: November 7, 2016
Re: Muriel Doiron v. Jackson Pool – Affidavit Preparation
Our File No: CIV-16-2558
Prepare an Affidavit regarding the below case issues. Our client, Muriel Doiron will attend our
office November 11, 2016 at 11am to swear this Affidavit before you. This Affidavit will be
used in support of discussions at a case settlement conference scheduled for November 16, 2016.
1. At the Superior Court of Justice, Small Claims Court (Toronto), court file no: SC-16-
198745-00, our Plaintiff client, Muriel Doiron, has an ongoing lawsuit against the
Defendant, Jackson Pool.
2. On May 15, 2016, Muriel Doiron loaned Jackson Pool one of her $3000 cedar-strip
rental canoes for his use during the summer season, starting on June 1, 2016. The
consideration for this loan was Jackson Pool’s agreement to reseal and refinish the canoe
and return it to her no later than September 1, 2016. Muriel and Jackson signed the
attached Canoe Loan Agreement confirming the terms of this arrangement;
3. On September 1, 2016, Jackson Pool failed to return the canoe to Muriel Doiron;
4. Muriel sent Jackson two registered letters demanding the return of her canoe. These
registered letters were sent to Jackson on each of September 15, October 1, 2016,
respectively. See attached registered demand letters.
5. Up to and including the date that Muriel is swearing her Affidavit, she has not yet
received a return of the canoe and wants it returned by Jackson.

September 6, 2024
MUSKOKA CANOE
OUTFITTERS
13 Taynor Road, Bracebridge, Ontario P1L 3S6
[phone]
CANOE LOAN AGREEMENT
Between:
Muriel Doiron (“Muriel”)
and
Jackson Pool (“Jackson”)
By placement of our signatures below we each agree as follows concerning the loan
of a canoe by Muriel to Jackson:
1. Jackson wishes to borrow for his personal use a used 16-foot cedar strip canoe for from
June 1, 2016 to August 31, 2016, inclusive;
2. Muriel owns a used 3-year-old, 16-foot cedar strip canoe and that needs normal
repair/maintenance work done to it of resealing and refinishing caused by normal wear
and tear (the “CANOE”);
3. In consideration of Muriel lending Jackson the CANOE for his personal use from June 1,
2016 to August 31, 2016, inclusive, Jackson agrees at his sole expense to personally
perform the normal repair/maintenance resealing and refinishing of the CANOE, to the
satisfaction of Muriel, and return the canoe to Muriel by no later than 4pm on September
1, 2016;
4. If Jackson fails to return the CANOE in accordance with this agreement, he agrees to pay
the replacement cost of the canoe to Muriel;
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September 6, 2024
5. Jackson understands the CANOE is used as part of the rental inventory by Muriel and her
family in their canoe rental business of Muskoka Canoe Outfitters and failure to return
this CANOE will result in potential lost canoe rental income for Muriel arising from this
canoe; and
6. Each party agrees she/he is signing this agreement voluntarily and each agrees to waive
any independent legal advice before signing this agreement.
Signed this 15th day of May, 2016 in the City of Bracebridge in the Province of Ontario.
Jackson Pool_________ _Mr. D. Witness________
JACKSON POOL WITNESS:
Muriel Doiron_______ _Mr. Y. R. Wehere________
MURIEL DOIRON WITNE
NEXT COURT: NOV 16/16 @ Small Claims Court (Toronto) @
10am in #512 at 47 Sheppard Ave. East, Toronto
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September 6, 2024
MUSKOKA CANOE OUTFITTERS
13 Taynor Road, Bracebridge, Ontario P1L 3S6
[phone]
DEMAND LETTER – WITHOUT PREJUDICE
September 15, 2016 sent via registered mail
Mr. Jackson Pool
17 Taynor Road,
Bracebridge, Ontario P1L 4S7
Dear Jackson,
RE: Return Request for loaned 16’ Cedar Strip Canoe – due September 1, 2016
I have tried to reach you several times by phone and left you several messages and I
have been by your house but there is no answer.
Jackson, have you finished the resealing and refinishing of my 16-foot cedar canoe that
you borrowed on June 1, 2016? You were supposed to return it to me on September 1,
2016 with that same repair/maintenance work completed. Can you kindly return it to me
immediately – we need it for our rental business and are losing money without it in
inventory. Thank you.
Regards,
Muriel Doiron
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September 6, 2024
MUSKOKA CANOE OUTFITTERS
13 Taynor Road, Bracebridge, Ontario P1L 3S6
[phone]
DEMAND LETTER – WITHOUT PREJUDICE
October 1, 2016 sent via registered mail
Mr. Jackson Pool
17 Taynor Road,
Bracebridge, Ontario P1L 4S7
Dear Jackson,
RE: 2nd Return Request for loaned 16’ Cedar Strip Canoe – due Sept. 1, 2016
Further to my registered letter of September 1, 2016, please immediately return my
above-noted canoe.
THIS IS URGENT. Jackson, you know that October is a really busy time for my
business. We need this canoe back as part of my canoe rental business. I am losing
money without it in inventory. Please drop off the canoe to my property or call me as
soon as you get this letter to arrange a time for it to be dropped off. Thank you.
Regards,
Muriel Doiron
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