52407
exit-popup-close
Have you found the sample you need?

Save your time and order an original essay now!

close

The Case Of Baltic Tile V. Mr. Wallace Stuart (& Integrity Floor Fashions)

Download PDF

Setting: Provincial Court, Civil Division; Morning, March 16, 2018

Essay due? We'll write it for you!

- any subject

- min. 3-hour delivery

- pay if satisfied

Get your price

The court was not open yet when I arrived. Milling around the doors, two separate groups of people waited. All were smartly dressed; the most informal was business casual, while the lawyers wore business formal attire. There were no blue jeans in sight. Ten minutes before 9:00 a.M., the Clerk (whose name, I’m afraid, I do not have), wearing a long black robe with a white neck tab, opened the doors, and invited everyone inside.

The layout of the court followed a standard court layout (Collis & Forget, 2011), albeit without a prisoner’s dock. Both parties found seats in the gallery. No one crossed the bar to the lawyer’s bench.

At 9:00 a.M., the door by the judge’s bench opened and the Clerk rose to her feet and called, “All rise.” Everyone stood up. Wearing a black robe akin to the Clerk’s, but with a blue neck tab, the Honourable Judge L. Burt entered her courtroom. The court was now in session.

There were two cases that morning: The first was West Heritage Manor Housing v. Ms. M, a damage claim in a landlord/tenancy claim; the second was a claim for unpaid work, Baltic Tile & Stone v. Mr. Wallace Stuart (& Integrity Floor Fashions). This paper will focus on the second case.

Case 2: Baltic Tile v. Mr. Wallace Stuart (& Integrity Floor Fashions)

Two parties were initially present: Mr. R. And his lawyer, Ms. B., representing Baltic Tile (the plaintiff), and Ms. W. And her lawyer representing Integrity Floor Fashions (the co-defendant). Mr. Stuart (the defendant), was representing himself. Unfortunately, he was nowhere to be found. The parties crossed the bar and sat at separate benches.

Ms. B began by stating that her client was ceasing the suit against Integrity Floor Fashions. While I did not see the appropriate documentation, I believe that Ms. B. Had filed Form 23, Motion to Discontinue, (Alberta Rules of Court, 2018) prior to appearing in court. Judge Burt promptly excused Ms. W. And her lawyer, stating that they were no longer co-defendants in the action. The Integrity Floor Fashion party left the courtroom, bowing to the judge before leaving.

Ms. B. Then made a motion to move to Summary Judgement rather than trial as had been scheduled. Judge Burt granted the motion and instructed Ms. B. To call any witnesses. Mr. R. Went to the stand and swore an oath to tell the truth. Mr. R. Stated that he was the owner of a tile and granite company. Mr. Stuart hired Mr. R. To install granite in several places in Mr. Stuart’s residence (kitchen, bathroom, etcetera). During the work, Mr. Stuart told Mr. R. To invoice Integrity Floor Fashions which Mr. R subsequently did. Integrity Floor Fashions sent the invoice back to Mr. Stuart. He refused to pay Mr. R. For the work done.

Judge Burt asked several questions to confirm the timeline of events.

At the conclusion, Judge Burt awarded the cost of the work, $15,978.70, to Baltic Tile & Stone. Additionally, she judged that interest would be charged beginning from the date of the last invoice (August 1, 2015). The judge stated that court costs would also be awarded, according to Schedule C (Alberta Rules of Court, 2018). Finally, a Certificate of Judgement would be mailed to all parties.

Judge Burt adjourned the court for the day. Everyone remaining in the court stood and Judge Burt left.

Analysis

Beginning with comments on overall appearance, it would appear that all of the parties that appeared in court were treated fairly. The witnesses were not brow-beaten by either the lawyer or the judge during questioning; the gallery was well-behaved; only one person (a lawyer, I presume) checked their cell-phone constantly; the proceedings ran smoothly. Furthermore, I believe that the judgement that Judge Burt decided on was reasonable and fair. Granted, Mr. Stuart likely would not agree with me. However, he failed to appear in court. As I understand, the court is not forgiving to tardiness (Collis & Forget, 2011, pg. 34), therefore, the court followed procedure. Ultimately, the proceedings were handled professionally and justice was administered.

There appear to be two different types of procedure: the un-written and the written. It was quickly apparent that once the court was in session, there was a firm set of un-written rules that must be abided by. The most obvious was the formality and ritual. For example, when Judge Burt entered and exited the court, everyone stood up. This is a sign of respect for the judge as the authority in the court and the representative of the law (Britt, n.D.). Additionally, the clerk and the judge wore black robes and neck tabs of different colors. The type of clothes worn by the court hails from the 17th century (Collis & Forget, 2011, p.31). These are conventions; un-written traditions that are deeply engrained in the daily procedure of the court; they have become synonymous with the court, to the extent that if there is deviation from these rituals, it becomes a serious breach of etiquette.

The written procedure is located in the Alberta Rules of Court. The steps that occurred in the court (discontinuing a claim, moving to summary judgement, swearing the witness, questioning, and judgement), followed the procedure laid out in the Alberta Rules of Court (2018). Moreover, it would appear that the lawyers also used it as a guide to determine how they should proceed. For example, according to s.7.3(1) of the Alberta Rules of Court, “a party may apply to the Court for summary judgment in respect of all or part of a claim on one or more of the following grounds: (a) there is no defence to a claim or part of it.” In other words, because Mr. Stuart failed to appear in court for the trial, he was unable to present a defence to Baltic Tile’s claim. Therefore, Ms. B. Moved to apply for a summary judgement. The procedures outlined in the Alberta Rules of Court give a standardized method of presenting and adjudicating court cases.

Should I ever require legal representation, and if I could find her name, then I would want Ms. B. To represent me in a court of law. She was professional, calm, and made no appearance of ‘going through the motions.’ In fact, all parties (judge, lawyer, clerk, and witnesses) behaved as if the case was incredibly important. In retrospect, while the matter may seem trivial to a third-party, the case revolved around a business’ ability to collect payment for services rendered. One may not be aware of it, but for the business, asking the court to order a customer to pay for a job could mean the difference between earning a livelihood and going bankrupt. The vast majority of cases brought before the court are serious in nature. The seriousness of the petitions commands the respect of all the parties who participate in the proceedings. Ms. B. Exemplified this ideal: professional, and determined to help her client. Yes, I would like her to be my lawyer.

Disclaimer: This essay has been submitted by a student. This is not an example of the work written by our professional essay writers. You can order our professional work here.

Download essay
  • Category: Law
  • Subcategory: Court, Judge
  • Pages: 3
  • Words: 1165
  • Published: 09/13/19
  • Downloads: 29
76 editors online and ready to help you with your essay
close

Sorry, copying is not allowed on our website. If you’d like this or any other sample, we’ll happily email it to you.

By clicking “Send”, you agree to our Terms of service and Privacy statement. We will occasionally send you account related emails.

close

Thanks!

Your essay sample has been sent.

Want us to write one just for you? We can custom edit this essay into an original, 100% plagiarism free essay.

thanks-icon Order now

Newest essays & research papers

The ideology of marijuana has been controversial in the past decade, for some it’s uses are frowned upon in society, and for others it is generally accepted. This paper is…
A celebration isn’t a celebration without a drink to sip or gulp, and beers are the way to go! Or maybe ale? Or maybe something brewed? Oh Wait! They’re the…
These searches can add considerable cost and reduce the likelihood that new technologies will be developed. The legal costs associated with litigation initiated by patent trolls also reduce the funding…
Fortunately, with the modernization of courtrooms and technological advances, videoconferencing over the years has presented a higher quality, fully synchronized video and audio system. However, courtrooms need to familiarize themselves…
Courts are tasked to provide effective administration of justice in a qualitative fashion: the efficiency of justice lies in its ability to settle disputes within a reasonable time, at sensible…
Considered to be the epitome of the term Concrete Jungle, New York is definitely the most progressive state in the United States. But as progressive as it may seem, New…
The overpopulation of the prison system in the United States has become a societal issue that can be traced to harsher sentencing for nonviolent crimes. This has resulted in inmates…
DNA Fingerprinting Alec Jefferys discovered variable number tandem repeats (VNTR) in 1984. In 1985 he applied the restriction fragment length polymorphism (RFLP) technique to create a “DNA fingerprint” (Jeffreys et…
Introduction Contract manufacturing enables the firm to have foreign sourcing (production) without making a final commitment. Management may lack resources or be unwilling to invest equity to establish and complete…
After World War 2, United Nations was created and thereafter in 1948, members of the United Nations formed the Universal Declaration of Human Rights. This was to ensure that each…
Judicial Restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power. It asserts that judges should hesitate to strike down laws unless…
To begin with, the aim of the research is to explore the issue of Sexual Harassment in Educational Institutions and Workplaces. Apparently, Sexual harassment is a recurring problem around the…
Load More

Eduzaurus.com uses cookies to offer you the best service possible.By continuing we’ll assume you board with our cookie policy.

Do not miss your deadline waiting for inspiration! Our writers will handle essay of any difficulty in no time. Want to get a custom essay from scratch?
Do not miss your deadline waiting for inspiration! Our writers will handle essay of any difficulty in no time. Want to get a custom essay from scratch?
Do not miss your deadline waiting for inspiration! Our writers will handle essay of any difficulty in no time. Want to get a custom essay from scratch?