cv- 'A-3S-.

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Court File No

ONTARIO SUPERIOR COURT OF JUSTICE

BETWEEN:

ROYAL BANK OF CANADA

PLAINTIFF

- and -

SANDRA LYNN ELSLEY

DEFENDANT

STATEMENT OF CLAIM

TO THE DEFENDANT A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the Plaintiff(s). The claim made against you is set out in the following pages. IF YOU WISH TO DEFEND THIS PROCEEDING, you or an Ontario Lawyer acting for you must prepare a statement of defence in Form 18A prescribed by the Rules of Civil Procedure, serve it on the plaintiff(s) lawyer(s) or, where the plaintiff(s) do(es) not have a lawyer, serve it on the plaintiff(s), and file it, with proof of service, in this court office, WITHIN TWENTY DAYS after this statement of claim is served on you, if you are served in Ontario. If you are served in another province of territory of Canada or in the United States of America, the period for serving and filing your statement of defence is forty days. If you are served outside Canada and the United States of America, the period is sixty days. Instead of serving and filing a statement of defence, you may serve and file a notice of intent to defend in Form 18B prescribed by the Rules of Civil Procedure. This will entitle you to ten more days within which to serve and file your statement of defence.

IF YOU FAIL TO DEFEND THIS PROCEEDING, JUDGMENT MAY BE GIVEN AGAINST YOU IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU. IF YOU WISH TO DEFEND THIS PROCEEDING BUT ARE UNABLE TO PAY LEGAL FEES, LEGAL AID MAY BE AVAILABLE TO YOU BY CONTACTING A LOCAL LEGAL AID OFFICE. IF YOU PAY THE PLAINTIFFS) CLAIM, and $2,500.00 for costs, within the time for serving and filing your Statement of Defence, you may move to have this proceeding dismissed by the court. If you believe the amount claimed for costs is excessive, you may pay the Plaintiff(s) claim and $100.00 for costs and have the costs assessed by the court.

DATE: June \ (0 2008

ISSUED BY ADDRESS OF COURT OFFICE: Toronto Court 393 University Avenue, 10th Floor Toronto, Ontario M5G 1E6

gi

TO: Sandra Lynn Elsley 6002 Mountaingate Drive Niagara Falls, Ontario L2J 4H9

3 THIS ACTION IS BROUGHT AGAINST YOU UNDER THE SIMPLIFIED PROCEDURE PROVIDED IN RULE 76 OF THE RULES OF CIVIL PROCEDURE.

CLAIM
1. The Plaintiffs claim is for: (a) (i) Payment of the sum of $29,679.35 due under the Visa Credit Card account 4514 0552 0015 4073 described below; Prejudgment interest on the aforesaid sum from June 16, 2008 to the date of payment or judgment at the rate of the Plaintiff's prime rate plus 1.5 per cent per annum pursuant to the terms of the said Visa Credit Card account; Post judgment interest at the rate of the Plaintiff's prime rate plus 1.5 per cent per annum pursuant to the terms of the said Visa Credit Card account; Payment of the sum of $20,495.23 due under the Visa Credit Card account 4512 1068 2067 7761 described below; Prejudgment interest on the aforesaid sum from June 16, 2008 to the date of payment or judgment at the rate of 19.5 per cent per annum pursuant to the terms of the said Visa Credit Card account; Post judgment interest at the rate of 19.5 per cent per annum pursuant to the terms of the said Visa Credit Card account;

(ii)

(iii)

(b) (i) (ii)

(iii)

(c) Costs of this action on a substantial indemnity basis; and (d) Such further and other relief as this Honourable Court may deem just.

2. The Plaintiff's claim is for payment by the Defendant of all amounts outstanding under the Visa Credit Card account numbers 4514 0552 0015 4073 and 4512 1068 2067 7761 established by

the Plaintiff for the Defendant.

4 3. At the time the Visa Credit Card accounts were established for the Defendant by the Plaintiff,

the parties agreed, inter alia, as follows: (a) The Plaintiff is to provide the Defendant with a Visa Credit Card which the Defendant can use to make purchases or to obtain cash advances. (b) The Visa Credit Card is owned by the Plaintiff and must be returned by the Defendant to the Plaintiff upon cancellation of the Visa Credit Card. (c) The Plaintiff may cancel the Visa Credit Card at any time and the Defendant must then pay all amounts owing on the Visa Credit Card and return the card to the Plaintiff. (d) The Defendant must pay to the Plaintiff interest on all outstanding amounts including any accrued interest at the Plaintiff's Visa rate in effect. (e) The Defendant must pay all of the Plaintiff's legal costs.

4.

At all relevant times, the Plaintiff's Visa rate applicable to account 4514 0552 0015 4073 was

and still is the Plaintiff's prime rate plus 1.5 per cent per annum and on Visa Credit Card account number 4512 1068 2067 7761 was and still is 19.5 per cent per annum.

5.

The Visa Credit Card accounts have been cancelled by the Plaintiff.

6.

Despite repeated demands and requests for payment due under the Visa Credit Card accounts,

including a demand in writing given on June 3, 2008, the Defendant has failed or refused to pay the amounts due and the Plaintiff claims payment by the Defendant of such amount calculated as follows:

Royal Bank Visa Card Number 4514 0552 0015 4073

Principal Balance as at May 8, 2008 Accrued interest to June 16, 2008 Total amount outstanding as at June 16, 2008

$29,482.40 196.95

$29,679.35

Royal Bank Visa Card Number 4512 1068 2067 7761

Principal Balance as at May 21, 2008 Accrued interest to June 16, 2008 Total amount outstanding as at June 16, 2008

$20,214.43 280.80

$20,495.23

DATE OF ISSUE: June 11, 2008

LEE, BOWDEN, NIGHTINGALE LLP Barristers and Solicitors 3700 Steeles Avenue West Suite 300 Vaughan, Ontario L4L 8K8 H. Stephen Lee (905) 264-6678 (905) 264-6679 (fax) Solicitors for the Plaintiff

ROYAL BANK OF CANADA

(Short title of proceeding)

and SANDRA LYNN ELSLEY

PLAINTIFF

c v- 0
Court file no.

3s7 o DS
DEFENDANT

ONTARIO SUPERIOR COURT OF JUSTICE Proceeding commenced at Toronto

STATEMENT OF CLAIM
(Form 14B under the Rules)

DYE & DURHAM COMPUTERIZED FORMS SERVICE

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LEE, BOWDEN NIGHTINGALE LLP Barristers & Solicitors 3700 Steeles Ave. West Suite 300 Vaughan, Ontario L4L 8K8 H. Stephen Lee LSUC #32942N Tel. (905) 264-6678 Fax. (905) 264-6679 Solicitors for the Plaintiff