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Research and Update Legislation – Law Assignment Help

Assignment Task

OBJECTIVES
To research and update legislation and to research related cases
To interpret and apply legislation and to interpret a case
To convey research results in a clear, organized and concise manner


FACT SCENARIO
Your firm’s client, Keshon Thomas, has been lending his neighbour, Sienna Rosso, his snowblower for the past three years. When Sienna first asked to borrow the snowblower in the fall of 2018, she offered to contribute to the gas costs. Keshon suggested instead that Sienna simply pay him $15.00 each time she uses the snowblower. Sienna agreed. Keshon gave Sienna the code to his automatic garage door opener so Sienna could use the snowblower whenever she needed it. Over the first winter (2018-2019), Sienna paid Keshon twelve times to use his snowblower. In the second winter, Sienna paid Keshon the first three times she used the snowblower but then “forgot”. She dropped off two bottles of wine in March 2020 as a thank you but did not provide any additional payment. Keshon estimates that Sienna used the snowblower at least fifteen times in the 2019-2020 winter. Keshon also estimates that Sienna used the snowblower an additional thirteen times in the 2020-2021 winter. Keshon received no payments or thank you gifts from Sienna in the 2020-2021 winter.
Keshon is fed up. He wants to be paid for the times Sienna used his snowblower. Keshon believes that Sienna was leasing his snowblower at the rate of $15.00 per use and that they had an oral contract.

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RESEARCH REQUEST
The senior paralegal on this file has concerns about whether the lease of the snowblower is a binding agreement because of the leasing provisions of the Consumer Protection Act, 2002 (CPA). The senior paralegal has asked you to conduct the following research and provide your findings:
Provide a full breakdown of each of the elements of the statutory test that must be satisfied in order to demonstrate that the agreement between Keshon and Sienna is an agreement to which the leasing provisions of the CPA apply. Note: you are not being asked to analyse whether or not a remedy is available, simply whether or not the agreement is a lease to which the CPA leasing provisions apply.
Structure the breakdown of each element in a manner that allows the reader to visually see how the elements relate.
For each element, identify whether you have the information required to prove the element or whether additional information/evidence must be obtained from Keshon. If additional information is required, indicate what you need from Keshon.
Provide the legislative history for the leasing provisions of the CPA and any amendments made to them, including amendments not yet in force.
Structure your legislative history in the format of the sample legislative history found in Figure ON.1 on page 5-ON:7 of the McCarney text.
However, you do not need to provide the information in the third column of the McCarney chart – you do not have to provide the “Location in the Debates” information – and you do not need to provide the Ontario Gazette reference information for any proclaimed-in-force dates.
Using CanLII, WestlawNext Canada and Quicklaw Advanced, conduct case law research to find ONE case that addresses the issue of whether Keshon would be considered to be a “supplier” as defined in the CPA in the circumstances of this case.
Provide a full, accurate McGill Guide citation for the case (the “main” case).
Provide the history of the main case, if any (previous or subsequent decisions related to the main case).
The history should include the full, accurate McGill Guide citation for each previous/subsequent case and a one-sentence description of what each previous/subsequent case decided.
Provide a brief, accurate summary of what the main case says that is relevant to the question of whether Keshon is a “supplier” (maximum 10 lines of text).
The results of your research should be communicated in the form of a memo. A template is found on the next page.
Academic integrity reminder: School of Business Procedures and College Policies relating to plagiarism and academic dishonesty apply to this assignment. Note that it is a violation of the academic dishonesty policies to help another student to commit an act of academic dishonesty by letting them view your answers, by lending your work, by sharing electronic files, by working together on an assignment that is to be completed on an individual basis, or by handing in a copied assignment, whether the assignment has been copied in full or in part. For full details, please review the relevant School of Business Procedures and College Policies.

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