Canadian Law Courts Case Study.

Essay by hitman99 October 2003

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Name of case and docket

Buksa, Ray vs. SunToyota Padamsey, Nick Etal

Date of trial

February 13, 2003

Courtroom number

#264

Name of judge

D.G. Ingram

Names and occupations of all witnesses

No witnesses at trial

What did the plaintiff sue for?

$3000.00 Assessment for damages

What was the defendant's defense?

The engine installed in Mr. Buksas Toyota was properly installed and at not fault of SunToyota did the engine breakdown.

Did the defendant make a counterclaim against the plaintiff? If so, what for?

No counterclaim was made by the defendant.

Summarize the facts and the evidence of the plaintiff, the defendant and other witnesses

The plaintiff Mr Buksa had an engine installed at SunToyota, the engine was a rebuilt engine. The rebuilt engine broke down after 3 months and was only under warranty by SunToyota for 30 days. Mr. Buksa learned that the engine was not installed properly and therefore that was the cause of the engine break down.

SunToyota would not comply with Mr. Buksa's plea of installing or fixing the engine without charge. This continued for over 10 months.

Did the parties have lawyers? If so what did they do?

The defendant SunToyota had a lawyer represent them in this matter. The lawyer took the case on the side of SunToyota and basically was Sun's voice at the trial.

Describe the role of the judge. Did s/he get involved or remain aloof? Give examples.

The judge heard the evidence from both parties. The judge took control and made sure both parties understood the situation fully. The judge also found a solution to the situation he was presented with. In the case, the defendant's lawyer was ill informed and therefore another court date was finally agreed to.

What was...