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Demartini Inc Sued Bentley Regehr for Breach of Contract

Question 33

Multiple Choice

Demartini Inc sued Bentley Regehr for breach of contract.Demartini argued that it was entitled to receive a payment of $50 000 from Regehr.After failing to reach a settlement,the parties took their case to court.Which of the following statements is TRUE?


A) If Regehr offered to settle the claim out of court for $30 000,and if the judge eventually decides that Demartini is entitled to receive $35 000,the judge may award an unusually large amount of costs against Regehr in order to punish him for making an inadequate settlement offer.
B) While the courts generally refuse to receive hearsay evidence,the judge in this case will probably allow expert witnesses to provide such evidence.
C) If the court finds Regehr liable for $50 000,Demartini may try to obtain payment from Regehr by garnisheeing money that Regehr is entitled to receive from his employer.
D) There are no jurisdictions in Canada where a claim for $50 000 or less can be heard in a small claims court.
E) The parties' case will almost certainly be heard by a judge of the provincial court,as the issues in this claim can only be adjudicated in the small claims court division of the provincial court of whichever province has the closest connection to the parties and their agreement.

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