Analysis of Ontario Superior Court Plaintiff's Claim Form 7A

This document presents a detailed analysis of an Ontario Superior Court of Justice Plaintiff's Claim Form 7A, focusing on a breach of contract case related to a surrogate agreement. The plaintiff, Susan Jones, is claiming $30,000 from the defendants, Carol and John Allen Brown, due to their failure to pay the remaining balance after the surrogate became pregnant. The claim outlines the contract details, including the initial payment, the agreed-upon total, and the defendants' refusal to pay the remaining amount. The document references relevant legal sources such as Legal Line, Pinto James LLP, and UWO, highlighting the legal basis for the claim and the plaintiff's request for the court to enforce the contract. The document also mentions the absence of written evidence and emphasizes the reliance on a verbal contract, while seeking medical tests as potential evidence. The form includes details about the claim's context, including where and when the contract was made, and the date of the breach. The document also includes instructions for making a claim and the potential implications if the defendant does not respond. The document is a completed Plaintiff's Claim form, which includes details of the parties involved, the reasons for the claim, and the amount claimed.

ONTARIO
Superior Court of Justice Plaintiff’s Claim
Seal
Form 7A Ont. Reg. No.: 258/98
1222
Small Claims Court Claim No.
1255
Address
Alexandra St
Phone number
Plaintiff No. 1 Additional plaintiff(s) listed on attached Form 1A. Under 18 years of age.
Last name, or name of company
First name Second name Also known as
Susan Jones
Address (street number, apt., unit)
City/Town Province Phone no.
Mississauga Canadian 987-4587-4589
Postal code Fax no.
L4T0A4 24658975
Representative LSUC #
Address (street number, apt., unit)
Blueberry Street
City/Town Province Phone no.
Mississauga Canadian 416-312-1534
Postal code Fax no.
L4T0A4 24658975
Defendant No. 1 Additional defendant(s) listed on attached Form 1A. Under 18 years of age.
Last name, or name of company
First name Second name Also known as
Carol and John Allen Brown Jack
Address (street number, apt., unit)
City/Town Province Phone no.
Toronto Canadian 416-310-1234
Postal code Fax no.
M4C4Y7 005801254
Representative LSUC #
Address (street number, apt., unit)
Alexandra St
City/Town Province Phone no.
Toronto Canadian 905-310-1234
Postal code Fax no.
M4C4Y7 246125987
Les formules des tribunaux sont affichées en anglais et en français sur le site
www.ontariocourtforms.on.ca. Visitez ce site pour des renseignements sur des
formats accessibles.
SCR 7.01-7A (November 1, 2016) CSD Continued on next page

FORM 7A PAGE 2 1222
Claim No.
REASONS FOR CLAIM AND DETAILS
Explain what happened, including where and when. Then explain how much money you are claiming or what
goods you want returned.
If you are relying on any documents, you MUST attach copies to the claim. If evidence is lost or unavailable, you
MUST explain why it is not attached.
What happened?
Where?
When?
What happened:
I would want to claim against Carol and John Allen Brown regarding my payment of
$30,000. A contract was made between us regarding artificial insemination of a baby
in which I was to be paid $50,000. However, the defendant has paid $20,000 in
advance in John and Carol's home in Toronto and promised to pay the remaining
$30,000 will pay after delivery of the baby. On June 1st, 2012, the defendant was
pregnant and denied to pay the pending money prior to one month before the
delivery of the surrogate child. The defendants told that they now do not want the
baby. Based on the situation, we have a proper contract to get money $30,000 after
the delivery but the defended has conducted a breach of contract before its maturity
(Pinto James LLP, 2019; Legal Line, 2019). Based on this scenario, I would request
the court to take a strict decision against the defendants so that I can receive my
remaining payment as per the contract mentioned (UWO, 2015). With respect to the
document, we have conducted a verbal contract, wherein the defended agreed to pay
the money within the specified time. I would further request that the defendant must
pay the pending money based on the contract made. In the context of returning
goods, it is not possible because it has a biological constraint. Hence, defended has
to pay the money and the court can conduct medical tests for the purpose of finding
the truth behind the scene. With respect to the evidence, it is a verbal contract,
hence I do not have proper evidence against the case. Nevertheless, the court can
find evidence if they conduct medical actions against the defendant.
Where:
The contract was made in Carol and John’s house in Toronto.
When:
On December 3rd, 2011, I flew to Toronto to Carol and John’s house in Toronto for
signing the contract regarding the artificial insemination. The date of delivery was on
July 2012 and the contract was breached by John and Carol due to her pregnancy.
References
Legal Line, 2019, Breach of contract, Types of Claims, Viewed 12 February,
<https://www.legalline.ca/legal-answers/breach-of-contract/>
Pinto James LLP, 2019, Breach of contract, Civil Litigation, viewed 11 February 2019,
<https://www.pintojames.com/breach-of-contract/>
UWO, 2015, Contract law, John & Dotsa Bitove Family Law Library,
<https://law.uwo.ca/lab/contracts.pdf>
SCR 7.01-7A (November 1, 2016) CSD Continued on next page

FORM 7A PAGE 3 1222
Claim No.
How much? $ $30,000
(Principal amount claimed)
ADDITIONAL PAGES ARE ATTACHED BECAUSE MORE ROOM WAS NEEDED.
The plaintiff also claims pre-judgment
interest from John and Carol Allen Brown under:
(Date)
(Check only
one box)
the Courts of Justice Act
an agreement at the rate of 7.5 % per year
and post-judgment interest, and court costs.
Prepared on: 2nd June , 20 12
(Signature of plaintiff or representative)
Issued on: 5th June , 20 12
(Signature of clerk)
CAUTION TO
DEFENDANT:
IF YOU DO NOT FILE A DEFENCE (Form 9A) and an Affidavit of Service (Form 8A) with
the court within twenty (20) calendar days after you have been served with this Plaintiff’s
Claim, judgment may be obtained without notice and enforced against you. Forms and self-
help materials are available at the Small Claims Court and on the following website:
www.ontariocourtforms.on.ca.
CAUTION TO
PARTIES:
Unless the court orders or the rules provide otherwise, THIS ACTION WILL BE
AUTOMATICALLY DISMISSED if it has not been disposed of by order or otherwise two (2)
years after it was commenced and a trial date or assessment under subrule 11.03(2) has
not been requested.
For information on accessibility of court services for
people with disability-related needs, contact:
Telephone: [phone] TTY: 416-326-4012 / 1-877-425-0575
SCR 7.01-7A (November 1, 2016) CSD

Instructions for Making a Claim
You can now file your claim online. Please visit: www.ontario.ca/smallclaims.
Step 1: COMPLETE the Plaintiff’s Claim form. Be sure to get the defendant’s name right.
Explain what happened in detail. Include dates and places. State how much money you want or
what goods you want returned. Attach copies of any documents that help your case. Examples
are contracts, repair bills and photographs of damaged goods. If you want interest on money
you are claiming, ask for it on the claim form. You and the defendant may have a contract that
sets an annual interest rate. If so, use that rate. If not, claim the Courts of Justice Act interest
rate posted on the Ministry of the Attorney General web-site at
www.attorneygeneral.jus.gov.on.ca.
If there is more than one plaintiff or defendant, complete an Additional Parties form (Form
1A) and put it right behind page one of your plaintiff's claim form. You can get the additional
parties form from the court office or at the following website: www.ontariocourtforms.on.ca.
Step 2: FILE the plaintiff’s claim and related documents by taking it or mailing it to the Small
Claims Court office. You must also file a copy for every defendant. There is a fee. Cheques or
money orders are payable to the Minister of Finance. The fees are listed at the court office
and online at: www.attorneygeneral.jus.gov.on.ca. The clerk will return stamped copies of the
plaintiff's claim to you.
Step 3: SERVE. You must deliver a copy of the filed claim and your documents to each
defendant. This is called “serving” the defendants. There are rules about how this must be
done. See the Small Claims Court “Guide to Serving Documents” at the court office or online
at www.attorneygeneral.jus.gov.on.ca.
Is it worth it? It is important to consider whether the person or company you are claiming
from is likely to be able to pay. If they:
. are unemployed;
. are bankrupt;
. have no money of their own;
. have no personal property and have nothing else of value belonging to them (such as a
car) which is not subject to a lease agreement;
. have ceased to carry on business; or
. have other debts to pay,
the court may not be able to help you get your money. However, you may be able to get your
money if you are prepared to accept small instalments over a period of time. See the Small
Claims Court "After Judgment – Guide to Getting Results" at the court office or online at
www.attorneygeneral.jus.gov.on.ca.
DO NOT FILE THIS PAGE.
SCR 7.01-7A (November 1, 2016) CSD