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Below is the text of Forbes Chochla Aikins
(formerly Brown, Forbes, Chochla, Burnes & Aikins)
Statement of Claim
1. The Plaintiff claims against the Defendants:
(a) Damages in the amount of $2,356.15:
(b) Pre-judgement interest and post-judgment interest pursuant to the Courts of Justice Act;
(c) Costs on a solicitor and client scale;
(d) Such further and other relief as this Honourable Court may deem just.
2. The Plaintiff is a law firm providing legal services in Ontario.
3. The Defendants are individuals residing in Toronto, Ontario.
4. The Defendants retained the Plaintiff law firm to provide an opinion with respect to a lien on their personal property.
4. The Defendants provided a retainer in the amount of $450.00 on August 23, 1996 with respect to this matter.
5. Solicitor James O'Brien with the Plaintiff law firm acted on the Plaintiff's behalf in negotiating a resolution of the lien action.
6. The Plaintiff states that it fulfilled its retainer in a proper and prudent fashion and at all times acted within the scope of its retainer on behalf of the Defendants.
7. The Defendants later verbally instructed the Plaintiff to act further on its behalf in verifying invoices from the lien claimant.
8. Again, James O'Brien on behalf of the Plaintiff law firm acted in a proper and prudent fashion within the limitations of his retainer with respect to resolving issues with the invoices.
9. As of September 30, 1996 it became clear to the Plaintiff that the Defendants no longer wished to follow the Plaintiff's advice and as such the Plaintiff withdrew its services.
9. An account for legal services rendered in the amount of $2,356.15 was forwarded to the Defendants on October 15, 1996. A true copy of the account is attached to this claim.
10. To date, the Defendants have failed to pay any part of the account.
11. The Plaintiff states that the Defendants breached its contract with the Plaintiff in that they obtained legal services without paying for same.
12. The Plaintiff has made several attempts to contact the Defendants with respect to the outstanding account without success. Copies of correspondence sent to the Defendants on November 26, 1996, January 28, 1997 and February 11, 1997 are attached to this claim.
June 2, 1997
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