Question

Facts from Client Interview Tumutch and Lotta Bolloni have been married for four years. They both work very hard at their jobs – Lotta being an accountant and Tumutch working as a construction manager. They decide to splurge and look into booking an all-inclusive vacation to the enchanting Fantasy Island, in Fiji for February 2020. The Bollonis do some research into different travel packages and get quotes from various agencies. They narrow their choices down to three possibilities: Travelcations & Co. is advertising an almost all-inclusive vacation package for $9,885, although meals are not included in the price. Trek Travel has provided a quote for $10,450 – which includes airfare, meals and transportation at the destination. Finally, Paradise Travels Inc. has an all-inclusive deal for $9,325, which includes everything that the Bollonis are looking for. Since Paradise Travels Inc. seems to offer the best value for their money, Tumutch and Lotta Bolloni decide to check it out. On November 15, 2019, Lotta and Tumutch meet with the sole owner of Paradise Travels Inc. – Selina D. Seaver. Selina is extremely friendly and patient, and she takes the time to go over the Bollonis’ needs. Lotta and Tumutch are very adamant that they deal with a TICO certified travel agent (TICO – Travel Industry Council of Ontario), as they have heard of friends being scammed by non-certified travel agents. Selina D. Seaver shows them a TICO certificate for Paradise Travels Inc. Since Lotta and Tumutch have never been to Fantasy Island, they want to make sure that their vacation is a memorable one. There are certain things that they specifically want: someone to pick them up at the airport and take them to the resort, an ocean-facing luxury suite, and use of the swimming pools and the beach. They also make it clear that other than paying the occasional tip, they expect this to be a real all-inclusive vacation. Selina assures them that all meals and all drinks – both alcoholic and non-alcoholic, are included as part of the package, as well as airfare. The meals are to be different each day, according to the theme of the day (eg. Hawaiian, Italian, Indian, Greek, etc.). She also tells them that she will arrange for someone from the resort to pick them up from the airport and take them to the resort. She promises to book the best luxury suite in the resort – an ocean-facing suite with a full bath, shower, and private Jacuzzi. She tells the couple that the pools at this resort can be used 24 hours a day. Selina also informs them that for an extra $500, she will arrange a special steak and lobster dinner for them during the last night of their holiday, followed by a special evening of swimming with dolphins in the moonlight. Tumutch and Lotta are thrilled with all of this, and being nature lovers, they sign up for the special evening that Selina has proposed. Selina quickly drafts an agreement with all of these terms set out, which the couple sign. They also pay a “deposit” of $5,000, with the remaining $4,825 payable upon their return from their holiday. In December, Selina contacts Lotta and Tumutch with the details of their flight to Fantasy Island. Lotta asks Selina to put her in a window seat and to put Tumutch in an aisle seat (Tumutch tends to get air-sick so he needs to be near a washroom during the flight). In early February, one week prior to their vacation, Selina sends a greeting card to Tumutch and Lotta, wishing them all the best on their holiday. Lotta is so excited that she gets a full gel manicure and pedicure the day before the trip, choosing the shade “Here Kim’s the Sun”, in the OPI Kardashian line of nail polish (she thinks “Wel-kim To My World” is not a bright enough colour for this vacation)! The flight to Fantasy Island is uneventful and the Bollonis arrive on time. After collecting their luggage, Tumutch and Lotta wait outside the airport for their ride to the resort. After waiting 45 minutes, Tumutch calls the resort to find out if someone is on their way. No one answers the phone, so Lotta tries again in ten minutes. This time, a receptionist answers the phone, but tells Lotta and Tumutch that she does not have a booking in their name. Although surprised, they are convinced that there must be a mix-up. When the receptionist explains that they do not have any staff available to pick up the couple, Lotta and Tumutch grudgingly take a cab to the resort. The cab ride takes close to two hours and costs $150 (in Canadian currency). At the resort, which is completely booked, the manager is unable to find any reservation for them. Tumutch and Lotta are given the last available room, which is near the pool, and about a 40-minute walk to the beach. The only windows inside the bedroom face the pool. The bathroom is a shared common bathroom with the other guests on the floor and there is no Jacuzzi. Although upset, Tumutch and Lotta decide to make the most of their vacation – they can deal with Selina when they return home. They decide to have lunch first, before exploring the island. Lotta asks for water, while Tumutch has a beer. Much to her surprise, Lotta is told that the resort only serves alcoholic beverages for breakfast, lunch and dinner – it is too expensive to import milk, juice and soda to the island, and there is a problem with the local water supply. This seems to be true as most of the guests appear to be walking around inebriated all the time! The next few days are a nightmare: the pools are closed during the day for clean-up and are only open from midnight to 6 a.m. The noise from the pool parties keep Lotta and Tumutch awake all night. Not only are people from their floor using the common bathroom, but so are all the pool guests. The Bollonis are feeling ill from drinking rum punch and margaritas all day long, and from walking 40 minutes each way to the beach. The meals are the same every day: cereal for breakfast, hot dogs for lunch, and spaghetti for dinner. They attempt to call Selina, but there is no internet service at the resort. Finally, on the second last day of their “vacation”, they are looking forward to the steak and lobster night, plus swimming with the dolphins, before heading back home. Much to their dismay, Tumutch and Lotta are told that the kitchen has run out of steak and lobster – so they are served meatloaf and fish sticks. “At least the best part of the trip is coming up”, Lotta says to Tumutch. They walk down to the ocean, eager to see the dolphins. After swimming for 20 minutes, the Bollonis feel stinging sensations all over their skin. Alarmed, they rush out of the water to find that they have been stung by jelly fish! They complain to the resort, only to find out that the dolphin swim has been cancelled for two years now, due to the “jellyfish outbreak” on Fantasy Island. Lotta and Tumutch are furious – they each spend the time on the flight jotting down what they experienced during their vacation. Their first stop, after their flight lands, is Paradise Travels Inc., but Selina is nowhere to be found. Their repeated phone calls to Paradise Travels Inc. are not answered, but Selina shows up at their house one week later to collect the balance of the money owed by the Bollonis. Selina D. Seaver insists that her company fulfilled the terms of the contract and demands payment of the remaining $4,825. Both Tumutch and Lotta tell Selina that not only do they refuse to pay her a single cent since the terms of the contract were not followed, but that they want a full refund of what they have already paid her. They throw her out of the house and tell her not to come back. Selina shouts that she is going to sue for the $4,825 owed on the balance of their agreement. Lotta does some research online and discovers that Paradise Travels Inc. is not TICO certified, as per the Travel Industry Council of Ontario website. She prints the reports confirming this. The jellyfish stings have caused Tumutch to suffer from an allergic reaction and he has to get an expensive, medicated cream for his arms, which is not covered by his insurance. In early March 2020, the Bollonis receive a Plaintiff’s Claim from the Brampton Small Claims Court. They have come to you for legal advice.

6. What information from the facts outlined above would likely be considered material and/or relevant and why? You must identify 5 facts in total and explain why each these facts are material and/or relevant. You may use a chart to answer this question.

7. What information from the facts outlined above would likely be considered immaterial and/or irrelevant and why? You must identify 5 facts in total and explain why these facts are immaterial and/or irrelevant. You may use a chart to answer this question.

8. If a trial takes place, Tumutch Bolloni wishes to rely on the notes that he wrote on the plane, on his return from vacation – as he can no longer remember all the details of his trip.

(a) Is the proposed evidence hearsay? Explain your answer, referring specifically to each step of the hearsay test.

(b) Regardless of your answer in (a), for the purposes of this question, assume that it is hearsay. Is there any exception to the hearsay rule that might allow the evidence to be introduced? Identify the exception which applies and explain your answer, with specific reference to the criteria for the exception.

9. At the trial, you wish to rely on the print outs from the TICO website to show that Paradise Travels Inc. was not a certified travel agency, as required by your client.

(a) Are the computer prints outs hearsay? Explain your answer referring specifically to each step in the hearsay test.

(b) Regardless of your answer in (a), for the purposes of this question, assume that it is hearsay. Is there any exception to the hearsay rule that might allow the evidence to be introduced? Identify the exception which applies and explain your answer, with specific reference to the criteria for the exception.

Please answer all question in detail: It needs to be 1500 words

Answer 1