Today’s Paralegal MARCH 2015 Welcome to the Ontario Paralegal Association’s First Newsletter By Stephen Parker As President of the Ontario Paralegal Association (OPA), I would like to welcome you to this emerging professional association. The organization is in its inaugural year and our membership has grown to nearly 700 members but with around 7,000 licensed paralegals in Ontario, this is only about a 10% membership. I encourage all licensees to join the association. We are the voice for Paralegals. We have a lot to offer. This is going to be a busy and challenging first year. There are many issues we want to cover to enhance our practices. We have achieved much these first few months. The Board of Directors and all of the other volunteers on the various committees have been hard at work on your behalf. A full year’s worth of Continuing Professional Development (CPD) courses has been developed and is offered free of charge to our members. Participation is either in person or via webcast. We have partnered with Carswell to provide generous discounts on copies of the most commonly used legal texts such as the Annotated Provincial Offences Act; the Ontario Small Claims Practice 2015; Residential Tenancies, 10th Edition and many more. Discounts are also offered on Westlaw Next. Membership also provides access to competitive rates for errors & omission insurance coverage and a variety of comprehensive health benefit packages. All these offers are on our website with the appropriate contact information. They are also shown at the end of this newsletter. The Law Society now includes us as an integral part of the legal community. We participate in programs and meetings with the Law Society and the Ontario Bar Association, the Advocates’ Society, the Ontario Trial Lawyers Association, the Family Lawyers Association and other organizations. We have attended three such meetings so far this year. The Advocates Society has now opened up their skills programs to include Paralegals. This is a true advancement in our professionalism. In addition, there are now three County Law Associations that accept Paralegals as members. One such Association now has a Paralegal on their Board of Directors. There are challenges ahead but the Paralegal Profession is growing and maturing at a rapid rate. Join us for the ride! Inside This Issue (CONTINUED ON PAGE 2) 1 Welcome to OPA’s First Newsletter by Stephen Parker (President of OPA) 2 Calendar of Events 2 Welcome from the Editors’ Desks. 2 Writers Wanted! 3-4 5-6 6 6-9 9 10 11 12-13 13 Paralegals and the Immigration and Refugee Board (IRB) by Qamar Yasmeen Tyyebi Paralegals practicing in the Provincial Offences Courts could be facing a crisis!! by Stephen Parker Volunteers Needed! OPA Committees & Committee Updates Paralegal to Paralegal (Business Items for Sale/Barter/Exchange) “Faces of OPA” – Fallon Burns (Student Director) by Doug Taylor What if Ontario's Banks were Treated Like Ontario's Residential Landlords? by Harry Fine TECH Talk by Roger Dinner Word Search – Court Terms by Mitchell Kent Inside This Issue Welcome to the OPA Newsletter! (CONTINUED FROM PAGE 1) From the desks of the Editor and Co-Editor 14 14-15 15-18 Humor- the Lighter Side of Life courtesy of Roger Dinner Puns and Such courtesy of Roger Dinner A Handy Guide to Serving Documents for the Ontario Small Claims Court by Brett Lockwood 19 Regional Community Events 20 OPA Membership Benefits – JOIN CALENDAR OF EVENTS Date: March 17, 2015 Event: Board Meeting – Committee reports Time: 7:30 PM Date: March 17, 2015 & April 21, 2015 Event/Show: TVCOGECO – “Get Legal” Host: Dawn Burke Time: 7 PM to 8 PM Location: North Bay Date: March 24, 2015 Event: Board of Directors Meeting Time: 7:30 PM Shellyann Pereira and Mitchell Kent would like to welcome you to the Ontario Paralegal Association’s Monthly Newsletter. As Editors, we plan on providing readers with a mixture of interesting articles; updates on the activities of the OPA Committees; a list of OPA and Regional Community Events; a Puzzle and/or Humour section; an occasional contest or scavenger hunt; a Tech section including reviews of legal software and other tech items; a Paralegal to Paralegal sale/barter/exchange section for business related items and any other current event/item that we think would be of interest to our readers. We hope that you will enjoy reading this newsletter. Please send any suggestions for upcoming articles, questions or comments to [email protected] “Newsletter” ___________________________________ Writers Wanted! Date: March 28, 2015 Event: Members’ Meeting and CPD Time: 9 a.m. Date: April 6, 2015 Event: LSUC/Govt. Relations Committee Time: 7:30 PM. and Event/Show: TVCOGECO – “Get Legal” Host: Roger Dinner Time: 7 PM to 8 PM Location: Quinte Date: April 13, 2015 Event: Events Committee Meeting Time: 7:30 PM Date: June 7, 2015 (OPA Booth) Event: Aurora Chamber Street Festival Time: 11 AM to 5 PM Are you a writer? Are you passionate about the Paralegal Profession? Would you like your writing to appear in our monthly newsletter? Would you like to potentially earn up to 6 CPD hours per year for your writing and editing skills? The Ontario Paralegal Association (OPA) is currently looking for member volunteers to contribute to our monthly newsletter. If you have a passion for writing, we want you! Send a sample of your writing, a list of possible topics for your article(s) and a small photo. Contact Shellyann Pereira or Mitchell Kent at [email protected] Subject: “Newsletter” Newsletter Editor: Shellyann Pereira 647-693-6221 Newsletter Co-Editor: Mitchell Kent 416-716-612 Today’s Paralegal Page 2 of 20 Paralegals and the Immigration and Refugee Board (IRB) By Qamar Yasmeen Tyyebi (Continued on Page 4) The Refugee Protection Division (RPD) is a division of the Immigration and Refugee Board of Canada (IRB). The RPD determines the outcome of refugee claims made inside Canada. It is like any other Board in Canada, with an adversarial role to determine the outcome of a refugee claim, after considering the documentary evidence and testimony of the client at a hearing. The Board Member is supposed to be impartial and the Member has to weigh the evidence to render a positive or negative decision. On December 15, 2012, the system for determining refugee claims submitted in Canada underwent significant changes. These changes have resulted in shorter wait times for hearings than in previous years. In addition, the main application form was changed to the Basis of Claim Form (BOC). The BOC form requires the claimant to provide all the pertinent information about the claim. Can a Paralegal represent a Claimant at the IRB? A paralegal can represent clients in front of the Immigration and Refugee Board (IRB). Here is a bird’s eye view of the procedure. The refugee claim is based on the fear of persecution on the following grounds: 1. Religion 2. Nationality 3. Race 4. Membership in a particular social group, such as women or people of a particular sexual orientation. 5. Political opinion Where can a person claim refugee status? The Refugee Claimant may claim refugee status at the Canada Border Services Agency (CBSA) at any port of entry or at a Citizenship and Immigration Canada (CIC) office once the refugee claimant is in Canada. Who decides the outcome of claims at the Refugee Protection Division? The Board Member is appointed after going through training. It is necessary for the Member to learn about the severity of the political, religious and socio-economic conditions of the source country in order to render their judgment fairly. The members are then assigned to a hearing accordingly. How does the process work? Here is how it works: 1. The client has a right to be represented by a Lawyer, a Paralegal or a Registered Immigration Consultant. The Paralegal must first notify a border services or immigration officer to make a Refugee Protection Claim. 2. There are several Citizenship and Immigration forms available on the Immigration and Refugee Board website that must be filled out by the Refugee Claimant or their Representative in addition to the Basis of Claim Form (BOC). 3. The Paralegal and the Claimant must review the information found in the National Documentation Package (NDP) which pertains to the claim. 4. If the claim is referred to the Refugee Protection Division (RPD), the Claimant will be required to attend a hearing to explain their circumstances and tell their story. Today’s Paralegal Page 3 of 20 Paralegals and the Immigration and Refugee Board (IRB) By Qamar Yasmeen Tyyebi (Continued from Page 3) 5. The RPD member will decide whether or not the Claimant should be granted Protected Person status in Canada. If the Claimant gets a positive decision, they may then apply for Permanent Residency in Canada along with their family. What is a Safe Country list? These are the countries that are deemed safe and citizens of these countries risk having their claims thrown out by the RPD. For instance someone from Greece can file a refugee claim; however, it would be refused as Greece is listed on the safe countries list. What is a Safe Third Country? The Canada-US Safe Third Country Agreement requires the refugee to make the refugee claim in the first country that they enter. If a Refugee Claimant flies from their homeland and enters the USA to make a claim at a Canadian border, the claim could be denied because the Claimant did not make the claim in the USA, the first port of entry. There are some exceptions to this Agreement if the Claimant has close family members already living in Canada. Who can make a refugee claim? Anyone can make a refugee claim but there is only ONE chance in their lifetime to avail themselves of this privilege. Successful refugee claims are based on genuine reasons with solid evidence of persecution. Is everything verbal or is documentation required? At the time when the Claimant initially makes a claim it is mostly verbal in front of a Canada Border Service Agency (CBSA) Officer or in front of a Citizenship and Immigration Canada (CIC) Officer. These verbal communications usually takes place at the border, the airport or inside a CIC office in Canada. Documents are required when the Hearing date is set. All documents must be submitted 20 days prior to the Hearing Date. What if the Claimant cannot speak English? There will be an IRB assigned interpreter for the language or dialect spoken by the Claimant. The language or dialect spoken can be indicated on the Basis of Claim Form (BOC) to ensure that an interpreter is available on the date of the Hearing. What happens if the Claimant has an emergency and cannot attend the hearing? It is the Claimant’s or their Representative’s responsibility to inform the IRB immediately to reschedule the Hearing. It is the Refugee Protection Division (RPD) that decides whether or not to reschedule the Hearing. If the reason for the inability to attend the Hearing is due to a medical emergency, then a doctor’s note must be provided. Can refugee claimants and their spouses/partners work legally in Canada? Yes, the Claimant and their spouse/partner may work in Canada after an initial medical examination is done to determine that the individual does not have any communicable disease. An open work permit is then issued which allows the individual to work legally in Canada. Can the Claimant’s children attend school? Yes, the Claimant’s children are allowed to attend school from Elementary School to High School as required. For more detailed information please visit: http://www.cic.gc.ca/english/refugees or http://www.irb-cisr.gc.ca or you may contact Qamar Yasmeen Tyyebi (Registered Immigration Consultant by ICCRC) at [email protected] HOME Today’s Paralegal Page 4 of 20 Paralegals practicing in the Provincial Offences Courts could be facing a crisis! By Stephen Parker (President of OPA) (Continued on Page 6) By now, you are no doubt aware that the Ministry of the Attorney General (MAG) has resurrected a 2011 report by the Law Commission of Ontario on the modernization of the Provincial Offences Act (POA), a part of which speaks to AMPs. MAG has published a consultation document titled, “Exploring an online Administrative Monetary Penalty System for infractions of provincial statutes and municipal by-laws in Ontario”. This document proposes sweeping changes to the procedures dealing with parking tickets and some Highway Traffic Act charges. Paralegals practicing in the Provincial Offences Courts could be facing a crisis if the Liberal Government introduces its proposed plan to implement Administrative Monetary Penalties (AMP). In a letter to all municipalities, the MAG introduced AMPs under the guise of, “…making the justice system more accessible to all Ontarians.” It is touted as a cost cutting measure on the one hand while on the other hand, promising increased revenues for the municipalities. The question of maintaining the demerit point system and licence suspensions under the AMP has not been settled in the consultation document. The AMP system is aimed at absolute liability offences such as stop signs, red lights, speeding and document charges. It is the offences, such as, red light, stop sign and speeding offences that accounts for the majority of the charges laid by the police and for most of the motor vehicle collision fatalities. The proposed system eliminates a person’s right to a trial. The only way to dispute a Penalty Notice for an infraction is to have an online hearing with a hearings officer, who is employed by the municipality. The online hearing is regarding the amount of the penalty and nothing else. No reasonable doubt arguments can be raised and no denial of the allegation would be available. The accused could not challenge the evidence because there would not be any evidence, other than the Penalty Notice. There would be no notes and no disclosure. A review of the amount of the fine might be available but if the accused is still not satisfied, an appeal may be brought before the Superior Court of Justice. We all know how much a lawyer would charge for the appeal. These additional costs would prevent the accused from fighting the charges. Is the AMP system really in the public interest? Does it provide a more accessible justice system? Removing the right to be presumed innocent until proven guilty can hardly be described as improving access to justice. Yet that is what will happen if the AMP system is implemented. It will be legislated that infractions will no longer be referred to as “Offences” instead it will be categorized as administrative in nature. The term “Offences” would invoke the protection of the Charter whereas the administrative charges would fall outside the sphere of the Charter. The accused will no longer be able to make a Charter Application. A rose by any other name comes to mind. The implementation of AMP will not just affect matters under the Highway Traffic Act but will affect virtually all provincial acts. Your Board is actively exploring our options and is in discussion with professionals in this field. We ask that you be patient and let us put an effective plan of action together. The consultation document also has questions which the public are invited to answer. It is a clear case of a market research exercise, where by, the questions are worded in such a way as to invoke the required response. One question asks the public. "Was it inconvenient to have to attend in person?" Well, of course it was but is a member of the public going to add that it was this government that made it inconvenient when they amended the Provincial Offences Act (POA) requiring a trial date to be set only Today’s Paralegal Page 5 of 20 Paralegals practicing in Provincial Offences Court (Continued from Page 5) by attending the court in person in most Ontario locations, whereas the individual could mail in a request to meet with a prosecutor for an early resolution meeting? I would urge all paralegals, whether you practice in the Provincial Offence Courts or not, to read and answer the questions in the consultation document. It is contrary to what is being sought, that is, it simply justifies introducing AMPs for Highway Traffic Act (HTA) offences. Please visit: http://www.attorneygeneral.jus.gov.on.ca/english/POA_consultation.asp and submit your response to the consultation document as instructed, by the deadline of April 14, 2015 so we can have our voices heard. The OPA Board of Directors is already working hard in drafting our response to the consultation document. We will also be having discussions with the Law Society, who rejected AMPs for HTA offences in their submissions to the Law Commission prior to the report being published. The OPA general meeting on March 28 will be dedicated to the AMP issue. Please also see the Committee Updates for the LSUC/Governance Committee (Page 7) HOME __________________________________________________________________________________ Committees (link to OPA website) Volunteers Needed! The Ontario Paralegal Association (OPA) is currently looking for volunteers for its Committees and Programs. Meetings are held virtually via Gotomeeting. You must be a current OPA member to volunteer. Contact the Chair of the chosen Committee at the email address shown. LSUC/Government Relations Committee: The committee’s mandate is to monitor, report, draft and advocate issues to all relevant stakeholders that affect paralegal regulation and access to justice for the Ontario public. Board Liaison is Greg Faulkner. Chair: Paula Callaghan. Vice-Chair: Jim Moak Secretary: Pat Kelly Email: [email protected] Appeals Sub-Committee Chair: Jim Moak Vice-Chair: Frank Alfano Members: Pat Kelly & Paula Callaghan Events Committee: The committee’s mandate is to plan the Annual General Meeting, all social events, and the venue related details of the Paralegal Cup. Board Liaison is Leni Yang. Chair: Issam Azzouggagh. Vice-Chair: Sandy Azevedo Email: [email protected] Communication/Marketing Committee: The committee’s mandate is to promote and educate the profession and the public on the services of paralegals. Board Liaison is Kathleen Lovett. Chair: Roger Dinner. Vice-Chair: Andrew Hyland Secretary: Brett Lockwood Email: [email protected] Regional Representation Committee: The committee’s mandate is to look into making connections with all paralegals throughout the Province. This will involve establishing a structure for the purposes of dealing with regional issues, and how to implement regional representation. Board Liaison is Rob Butler. Chair: Dawn Burke. Email: [email protected] Today’s Paralegal Page 6 of 20 Committees (Continued from Page 6) Education Committee: The committee’s mandate is to plan all the education (CPD) events, secure presenters, venues, A/V equipment, venue set up, LSUC accreditation and monitor attendance. Board Liaison is Robert Burd. Chair: Farouk Jubrattan Vice-Chair: Frank Alfano Secretary: Kristina MacDonald Email: [email protected] Membership Committee: The committee’s mandate is to increase membership, seek out membership benefits and secure sponsorships. Board Liaison is George Brown. Chair: Monica Decock. Vice-Chair: Christina Nastas Tania Daley/John Hooi Email: [email protected] Committee Updates LSUC / Governance Committee The Events Committee Board Liaison: Leni Yang Board Liaison: Greg Faulkner The Next Meeting is April 6, 2015 @ 7:30 PM Events Committee meetings are scheduled for every 2nd Monday of the Month @ 7:30 PM The Next Meeting is April 13, 2015 The LSUC / Governance Committee has completed its survey of the OPA membership and prepared a response to the LSUC Developing Strategies for Change - Addressing Challenges Faced by Racialized Licensees. All interested OPA members can also join the "Events Committee" discussion forum on the OPA website to find out more details on what we are discussing, information about the committee and meeting information. It is an opportunity to send in ideas and suggestions for future events and CPDs and to volunteer to help at the events. The events are good networking opportunities. The Committee has also conducted an emergency meeting in response to the Attorney General’s Consultation report on "Exploring an Online Administrative Monetary Penalty (AMP) System for infractions of Provincial Statutes and Municipal By-laws in Ontario. This proposal by the Liberal government would deny anyone charged with a Provincial Offences Act (POA) offence (Highway Traffic Act (HTA), Municipal By-laws and so on) the ability to have a trial. Such a process would eliminate any function that Paralegals now have in the Provincial Offences courts. Tentative Schedule of Events April 11, 2015 (to be changed) Regional WEST social (with Education committee CPD) May 9, 2015 Regional NORTH social (with Education Committee CPD) October 10, 2015 Regional EAST social (with Education Committee CPD) November 14, 2015 AGM November 21, 2015 Paralegal Cup December 12, 2015 Holiday Party Today’s Paralegal Page 7 of 20 Committee Updates (Continued from Page 7) Communication and Marketing Committee [email protected] Projects include: MRT- (Media Response Team): We are in the process of setting up a Media Response Team that can quickly address issues that might come up, from time to time, in the media or that Board members can access to speak on behalf of OPA at various functions and so on. Brett Lockwood and Patrick E. Cheng ***Completion within two weeks PAL- (Paralegals and Lawyers): This is a directory of Paralegal-friendly Lawyers that our members will have access to for referring work that is in areas outside of the Paralegal Scope of Practice. These Lawyers support Paralegals; therefore, we should support them. Patrick E. Cheng and Andrew Hyland ***Ongoing We are looking for Paralegal-friendly Lawyers, based on the following criteria: 1. Lawyers who have made public statements in favour of Paralegals; 2. Lawyers who Paralegals; 3. Lawyers who have taught at CPDs designed for Paralegals (whether through OPA, PSO, LPA, OPN or otherwise) 4. Lawyers who have taught or are currently teaching in Paralegal programs at the College level; and/or 5. Lawyers who currently practice with or employ Paralegals in their firms. regularly refer work to Please Note the following: 1) For Members submitting the name of a Lawyer – Please ensure you ask the Lawyer BEFORE submitting the Lawyer’s name, area of practice and contact information to the Committee for inclusion in the Directory. Please indicate which one or more of the 5 criteria apply to your submission. 2) Directory -Terms of Use (DTU) – OPA Members choosing to use the Directory do so of their own free will and assume any and all risks. The Directory is offered to Ontario Paralegal Association (OPA) Members as a free benefit of being a member. It is a shared resource and it is for informational purposes only. The Ontario Paralegal Association (OPA), its Executives, Board of Directors, Directors, members, Committee members, Committee Chairs and Vice-Chairs and all member volunteers do NOT guarantee nor warrant that the information in the Directory is accurate or that the Referred Lawyer will or will not breach any agreement made with the Referring Paralegal. Any Agreement made between the Referring Paralegal and the selected Lawyer is an Agreement between the two parties only. Failure to fulfil any term of the said Agreement is between the Referring Paralegal and the selected Lawyer only. Ontario Paralegal Association (OPA), its Executives, the Board of Directors, Directors, members, Committee members, Committee Chairs and Vice-Chairs and all member volunteers are not a party to any such contract and therefore are not liable for any breach of the said Agreement. 3) Acceptance of Directory -Terms of Use (DTU) Any usage of the information contained in the Directory indicates agreement with the Terms of Usage of the Directory. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the parties irrevocably agree that any dispute arising out of or in connection with this Agreement will be subject to and within the jurisdiction of the laws of Ontario and Canada applicable therein. Both parties agree that any action or proceeding relating to this Agreement will be brought to a court of competent jurisdiction in the Province of Ontario, Canada. Today’s Paralegal Page 8 of 20 Committee Updates (Continued from Page 8) YouTube Project: This is a video outreach project for both the English speaking and the various Ethnic communities. It is designed for paralegals to reach out to the various communities and make them aware of how paralegals can be of assistance to them and also at same time help our fellow ethnic paralegals. Delaram M. Jafari, Sandy Azevedo and Yasmeen Tyyebi *** In Progress Multicultural Outreach: This is along the same lines as the video outreach project except we will be having ethnic speakers going out and addressing the various ethnic communities at their events in their own language in order to make them aware of how paralegals can be of assistance to them. Patrick E. Cheng, Yasmeen Tyyebi and Alec Yu ***Ongoing COP- (Community Outreach Project); This is a project that entails members of our committee and possibly members of the other committees, to participate in different festivals or fairs that are being held throughout the year in various communities throughout the province. We would like to have some regional representation at these different community events so if any OPA members wanting to volunteer at these events. Patrick E. Cheng, Yasmeen Tyyebi, Alec Yu, Delaram M. Jafari, Mitchell Kent, Sandy Azevedo, Roger Dinner, Andrew Hyland, Brett Lockwood, Shellyann Pereira ***Ongoing Newsletter – This project is a communication tool designed to keep members informed of both the internal and external activities of the organization; to provide members with interesting and educational articles and to promote the organization and the paralegal profession. Shellyann Pereira and Mitchell Kent ***Ongoing Cogeco – TV program: This project is a one hour legal show. It allows viewers to call-in and ask general legal questions of a guest speaker. The topic changes monthly and covers the various areas of law within the Paralegal Scope of Practice. It was first started at Cogeco in Quinte, Ontario hosted by Roger Dinner and it has expanded to a second show in North Bay, Ontario hosted by Dawn Burke. (See Calendar of Events for date and time of shows.) We are looking to expand the show into other areas of Ontario so we will be looking for Hosts. *** Ongoing Coming Events OPA's very first undertaking for the Community Outreach Project (COP) is the 20th annual Aurora Chamber Street Festival Date: Sunday, June 7, 2015 Time: 11 am to 5 pm Location: Yonge Street, Aurora (between Wellington St. and Murray Dr.) We hope to see many of our OPA members at this event. Contact us to Volunteer!! [email protected] Paralegal to Paralegal Business Equipment For Sale, Barter Or Exchange 1- HAND DOCUMENT SCANNER-----FREE—email: [email protected] 1- METAL 2 DRAWER FILING CABINET GRAY AND IN GOOD CONDITION----FREE—email: [email protected] HOME Today’s Paralegal Page 9 of 20 Welcome to ‘Faces of the Ontario Paralegal Association (OPA)’ Series … By Doug Taylor, Paralegal Studies BAA Program, Lakeshore “If I want something to change, it has to start with me.” Fallon Burns serves as a living example of someone who lives by her words. Humber College Paralegal Degree Program student, Fallon Burns, reflects on her current role as the Student Director with the Ontario Paralegal Association (OPA). Serving as the first OPA Student Director, Fallon Burns recently shared some reflections from her role and talked about the future of the Paralegal profession. Fallon’s journey to the role of Student Director for the Ontario Paralegal Association, started with a chance meeting at Humber College’s Career Centre. While completing paperwork for campus employment, Fallon met the outgoing Paralegal Society of Ontario’s (PSO) Student Director, Angelique Mouchel-Maas. The two paralegal students struck up a conversation and Angelique was so impressed, that she encouraged Fallon to run for the PSO Student Director role. Inspired by Angelique’s encouragement, Fallon successfully went on to be nominated at the PSO Annual General Meeting and was elected by the membership. When the Paralegal Society of Ontario (PSO) and the Licensed Paralegal Association (LPA) merged to form OPA, Fallon ran for the position of Student Director of OPA. She was acclaimed and she is the current OPA Student Director. How would you describe OPA to a new student? As a five-time undergraduate mooting competitor, Fallon Burns was the youngest student to compete from Humber College’s Paralegal Degree Program. Fallon successfully organized the Paralegal Cup, a first-ever college based, Inter-Collegiate Mooting Competition for paralegal students. “OPA is the advocacy group for the profession. We host networking events and we are working on setting up a mentoring program to connect students and newly licensed paralegals with more experienced paralegals. We are also organizing the annual mooting competition. These activities are focused around benefiting students. OPA helps fill in some of the educational gaps left by colleges. CPD education is incredibly expensive, and OPA offers free CPDs to all members in good standing so students benefit by expanding their education. In addition, OPA offers hosted social events to expand your professional network and there are opportunities to meet potential employers.” What would you say are some of your strongest beliefs about OPA? “I believe OPA stands for raising the profession through increased education. I believe the greatest area for growth in the paralegal profession is through educational reform. Increasing the level of education increases our competency and as we increase the standards, we can confidently expand our scope of practice. I would like to see a common denominator for educational standards.” What do you think will change about OPA over the next five years? “OPA is going to grow. I believe we are going to see a change in the scope of practice. I would like to see the creation of a second designation for P1 licenses. Fallon has an interest in We already have existing licensed paralegals that know civil procedure so well, music and plays the and they are so good at it that they know exactly what they are doing. I would like to see a P2 that is trumpet. Fallon is also licensed for different kinds of appeals at the Divisional court level and, if necessary, the Ontario Court of active in residence life at Appeal. A P2Campus. designation would offer a specialty from within a specific field of practice. I believe the the Lakeshore current licensing structure will change and the creation of a P2 designation will increase access to justice. I also believe the direction of paralegal education is going to evolve. I would like to see standardized testing for entrance into the paralegal profession. Unlike the LSAT, the proposed paralegal testing would address reading, writing and grammar. This will better prepare students for the rigor of paralegal studies and elevate the quality of graduating candidates.” HOME Today’s Paralegal Page 10 of 20 What if Ontario's Banks were Treated Like Ontario's Residential Landlords? By Harry Fine Business owners should have to assume risk. After all, they are in the business of making a return on their investment better than they might have if they had taken no risk. What if the Government creates a statutory regime that is so unfair and unbalanced that the risk becomes excessive? This is what happened with the Landlord and Tenant regulation in Ontario. The argument against my hypothesis is that nobody twists a landlord's arm to go into the rental business. While that is true, and I often remind clients of that fact, it's also true that there is too little education for prospective landlords about their rights and obligations. In addition, there is a lot of pressure from the Real Estate industry suggesting to them that the risk is manageable. If you build an apartment building, it is a 60 year investment. If the rules change mid-way through the game, you can't easily get out of the investment with your capital intact. Let's look at the banking business by analogy. Both industries are highly regulated. Let's pretend landlords (business owners, some of them with shareholders) were banks (business owners, all with shareholders). Now ask yourself these questions. 1. Would any bank in Canada still exist today if the rules about granting credit were the same as the rules about granting a tenancy? I'm speaking specifically about the Human Right's Commission's Policy Guideline on Rental Housing. See link below: http://www.ohrc.on.ca/en/policy-human-rightsand-rental-housing The policy guideline basically says that landlords should choose their tenants blindly without regard to risk. It states that you can't equate having no credit history with having a bad credit history and having no rental history with having a bad rental history. Likewise, you cannot look at income on its own as a factor and you cannot look at employment stability. Doing any of those things might be construed by a court or tribunal as being discriminatory. 2. Would any bank in Canada still exist today if they had to continue to advance further funds (analogous to a new month's rent) to a client who was in default of their current obligation? 3. Would any bank in Canada still exist today if they were required to give speculative loans without either securing a claim on some collateral or without the ability to charge a high enough interest rate to compensate for the potential loss as with credit cards. Landlords cannot get any sort of meaningful deposit or security. They are allowed one month's rent as security against a future breach, while it takes a minimum of 3 months to evict the tenant through the Landlord and Tenant Board. The Tenants could damage the rental unit and the Landlord cannot ask for a damage deposit. 4. Would any bank in Canada still exist today if reasonable conditions or restrictions could not be attached to a loan? In the Landlord and Tenant world, you cannot freely contract with a Tenant. The Residential Tenancies Act (RTA) applies notwithstanding any waiver or agreement to the contrary. Those beautiful hardwood floors might not survive the Tenant’s pets but the Landlord cannot have a nopet policy. The Landlord must pay all the utilities but they cannot specify who may live in the rental unit or that rent varies depending on the number of people living in the unit. Landlords in Ontario should be questioning the oppressive conditions under which they operate their businesses, particularly when the government suggests that they are interested in creating more low-income housing. If the government wants a strong rental housing industry, they have to think of ways to support and encourage it, not smother it in unfair regulation. HOME Today’s Paralegal Page 11 of 20 two in one unit. I trotted off to Staples and they had them on sale for roughly $900 so I purchased it, knowing that I could take it back within 15 days and get my full money refunded. In addition, I bought the keyboard, which was another $129 plus tax. I know this is starting to add up but I think it's worth it. I downloaded One Note (desktop version) onto the Tablet since the One Note that comes loaded on the Surface Pro 3 is not quite as full-featured. I loaded all of my files onto the Surface Pro and decided to try it out in the courtroom. TECH Talk By Roger Dinner (Continued on Page 13) Canada Post – Venture One Program Canada Post’s “Venture One program” is geared towards small businesses and it is free to join. When you join the program you get discounts on shipping costs (an average saving of 5%); on preparing your shipping labels online (an additional 3% savings); on purchasing your shipping supplies (a 5% savings) and other savings. To take advantage of this program you can either go into to your local post office and register or you can do it online. If you do it online, go to the Canada Post website and click on business and then click on business solutions and follow the links to register. If any OPA members have used this program and wants to share your experiences with us, please send us an email at [email protected] and we will include comments in the next issue of the newsletter. Review of the Surface Pro 3 – (a very basic introduction) I decided at Christmas time to try out the new Windows Surface Pro 3 because I had heard so many good things about the Surface Tablets and especially about the new Surface Pro 3. It is hyped to be a replacement for a laptop - sort of a When I was in front of the Justice of the Peace (JP), I could write my notes in my clients file by writing on the screen with the stylus. This is quite a nice feature. Using the stylus, I can also highlight certain words and use different ink colours to make notations. You can also have the unit read your writing and convert it to text. The one thing you have to be cognizant of is to write legibly. There is an option to have the pages lined. This helps to keep your writing more legible. You can also import an e-mail from your client into their file by simply highlighting it and then clicking on their file… Bada Bing, Bada Boom, it's done. I also have my clients sign the retainer agreements on the tablet and then save it to their file. I can also e-mail the signed agreement to the client; provide receipts to my clients and save them to their file. All this is saved to the cloud system so everything is available anywhere in the world with any computer or smart phone. You can also encrypt your files in case the unit is lost or stolen. You can send and receive e-mails, files and more through the unit and for those of you who have android systems, as a side note, you can also get One Note for Android systems and it is also free. In court you can surf the web to find case law and save it to your Surface Pro 3 and then highlight any text that you wish or make notes. On my Surface Pro 3, I have saved quite a few bookmarks as well as apps that all I have to do is click on and they take me right to where I want to go. There are two cameras-one forward facing and one rear facing. This is good for taking pictures and then adding text to them as required. The stylus has a top button that you can press and One Note will automatically open and then you could begin doing your work. If you make a mistake, there is a button on the side of the Today’s Paralegal Page 12 of 20 The downside so far for me is the fact that there aren’t very many apps available at this point in time but as I understand it, more apps are being developed. If anyone wants to find out more about Surface Pro3 there are plenty of videos on YouTube that show the various uses and features of this tablet. I am trying to move away from shuffling paper and I hope to move completely towards a paperless system and as such I will keep supplying updates as I find more uses for this tablet but for now, I think it's a good unit and well worth the cost. stylus that you can press and an eraser will appear. You just go over top of your mistake and it will automatically rub it out and then you can just rewrite your entry. I had an Asus Transformer Prime Tablet that I used off and on, more off than on. I find that the Surface Pro is far superior to the Asus tablet for a variety of reasons but one major feature is that the Surface Pro 3 is more compatible with desktops and laptops because it is running the Windows system. The one thing I don't like is Windows 8.1. It drives me crazy. _________________________________________________________________________________ Word Search - Court Terms By Mitchell Kent L T X L H M L T B P Y O E K Z H A R K U U A R D R R P V A Z D Y I I B P T U B O A A I I S O P X T B J I O E C M A T O P E L U R N U N C I E M D A A L R L S Y E A N P L D U J R L C K N E G A E T A Y U S A T F J V R D C D U W S L R L G S A S Z U E I I Y I T B E T I I W J J M V L E T B C G U H X N N V U E U R C Y S A I I S W I C T M U T C A F L U U V O H M G A U K R I G H T Z J A I X D T J G T N E D E C E R P I L A I G N V Y X X A D V O C A T E Q O ADMINISTRATIVE LTB ADVOCATE OPA CIVIL PARALEGAL CLERK PRECEDENT COURT PROCEDURE EVIDENCE RIGHT FACTUM RULE JUDGE SUBSTANTIAL JUSTICE SUMMARY LATIN TRIBUNAL LAWYER HOME Today’s Paralegal Page 13 of 20 Humor- the Lighter Side of Life Courtesy of Roger Dinner Scottish Three Kick Rule There was a famous Paralegal that was out hunting one day in Scotland. He shot a duck that fell in a farmer's field. This Paralegal was starting to climb the fence, to get the duck, when the elderly farmer came by and asked him, “What are you doing?” The Paralegal replied that he was going to get the duck that he had shot to which the farmer said, “No you're not. This is private property.” The Paralegal looked at the farmer and said, “I am a famous litigant paralegal and if I don't get my duck I am going to make your life miserable.” The farmer said, “I don't really care about that, down here we have rules governing this sort of thing.” The Paralegal said sarcastically, “What might they be?” to which the farmer said, “It is called The Three Kick Rule.” Now the paralegal was quite intrigued by this and asked for an explanation. The farmer said, “Basically I kick you three times. You kick me three times and so on and so forth until one of us gives up and the other one gets the duck or whatever it is they're arguing about.” Now that Paralegal was eyeing the farmer upand-down because the farmer was quite old. The Paralegal figured that he could take the old farmer so he agreed to the rules. The old farmer climbed down off his tractor very slowly and said, “Since it's my property I get to go first.” The Paralegal agreed. The old guy turned around and kicked the Paralegal in the stomach and the Paralegal bent over and was holding his stomach. The old guy then walked behind him and kicked him in the rear pushing him forward and then pushed him into a cow pie so that was the farmer's three kicks. Now the Paralegal stood up and grunted that it was his turn to which the farmer said, “No, I give up. The duck is yours.” Puns and Such Courtesy of Roger Dinner (Continued on Page 15) I tried to catch some fog. I mist. When chemists die, they barium. Jokes about German sausage are the wurst. A soldier who survived mustard gas and pepper spray is now a seasoned veteran. I know a guy who's addicted to brake fluid. He says he can stop any time. How does Moses make his tea? Hebrews it. I stayed up all night to see where the sun went. Then it dawned on me. This girl said she recognized me from the vegetarian club, but I'd never met herbivore. I'm reading a book about anti-gravity. I can't put it down. I did a theatrical performance about puns. It was a play on words. They told me I had type A blood, but it was a type-O. This dyslexic man walks into a bra. I didn't like my beard at first. Then it grew on me. When you get a bladder infection, urine trouble. What does a clock do when it's hungry? It goes back four seconds. I wondered why the football was getting bigger. Then it hit me! Broken pencils are pointless. What do you call a dinosaur with an extensive vocabulary? A thesaurus. Today’s Paralegal Page 14 of 20 England has no kidney bank, but it does have a Liverpool I used to be a banker, but then I lost interest. I dropped out of communism class because of lousy Marx. All the toilets in London police stations have been stolen. Police say they have nothing to go on. I took the job at a bakery because I kneaded dough. Velcro - what a rip off! ____________________________________________________________________HOME A Handy Guide to Serving Documents for the Ontario Small Claims Court by Brett Lockwood (Continued on Pages 16, 17 and 18) Service of Small Claims Court documents is an essential part of any case. Proper service ensures that all parties have knowledge of the events of the case; something in the industry we call procedural fairness. Proper service of documents will save you time in the long-run and ensure that everyone’s legal rights are protected. Whether it is a Plaintiff’s Claim, documents for the trial or a summons to a witness, this handy guide will show you exactly what needs to be done. Rule 8 of the Rules of the Small Claims Court governs the service of Court documents. It is extremely important to remember that after virtually every document you serve, a Form 8A Affidavit of Service should be sworn and filed with the Court. A few notes before we get into the nitty gritty details of serving documents: 1. Documents can be served on any day of the week, regardless of statutory holiday; 2. Anyone can serve any document as the Rules of the Small Claims Court are silent on this item. Most legal professionals have a process serving company that they use regularly. Feel free to contact me for a list of possible process servers if needed. A word of caution, if you are a paralegal or a lawyer I would recommend that you do not serve documents yourself. If there is a question of proper service, and the other party files a Motion disputing service, you may be called upon as a witness. We can all see where a problem could arise if you are also a representative; 3. Once the document is served on the other party, it does not matter in the slightest what they do with it. Let them rip it up but take cover if it comes flying back at you; 4. If there is a Claim against two or more people at the same residence, keep in mind each must be served individually. If following the rules below, do the steps for each individual in the Claim; 5. Each jurisdiction has its own nuances. Some may require additional steps while others may have a more relaxed approach; 6. This list is basic, for more individualized cases (affidavits, trial documents, contempt hearings, etc.) see the Rules of the Small Claims Court or contact me directly at [email protected] Today’s Paralegal Page 15 of 20 Plaintiff’s Claim or Defendant’s Claim (shall be served within six (6) months of the date of issue) Individual Personal service directly to the individual named in the Claim. (R. 8.01(1)) At place of residence by serving a sealed copy to an individual who appears to be over 18 AND mailing a copy out on the same day or the following day to the place of residence. (R.8.03(2)(a)+(b)) Leaving a copy with the other party’s lawyer or paralegal, only if they endorse and date the document accepting service. (R.8.03(5)) Sending the Claim by registered mail (Canada Post ONLY), and obtaining the signature of anyone at the residence. Must bring in a receipt and a copy of the signature. Service is deemed effective the day it is signed for at the residence. (R.8.03(7)) Sending the Claim by courier, with attached delivery confirmation AND signature. (R.8.03(7)) Substituted service is using a method ordered by the Court. (R.8.04) Partnership Personal service to any one or more of the partners. (R.8.02(k)(i)) Service to a person at the principal place of business of the partnership who appears to be in care and control of the place of business. This can include a manager, superintendent, etc. Ensure they are in care and control by asking to speak to the person in charge of the company AT THAT MOMENT. (R.8.02(k)(ii)) Substituted service is using a method ordered by the Court. (R.8.04) Corporation Serving an individual who is an officer, director, or person authorized to act on behalf of the corporation. (R.8.02(c)(i)) Serving an individual at the place of business of the corporation who appears to be in care and control AT THAT MOMENT. (R.8.02(c)(ii)) Substituted service is using a method ordered by the Court. (R.8.04) Minor Service on a minor is by leaving a copy of the Claim with the minor AND, if the minor lives with a parent/individual with lawful custody, leaving a copy with that individual (R.8.02(i)) Substituted service is using a method ordered by the Court. (R.8.04) Sole Proprietorship Service on the sole proprietor OR an individual who appears to be in care and control of the sole proprietorship AT THAT MOMENT. (R.8.02(l)(i)+(ii)) Mentally Incapable Person Service by leaving the document with a guardian or an attorney acting under a validated power of attorney for personal care with authority to act in the proceeding. (R.8.02(j)(i)) If there is no guardian or attorney acting under a validated power of attorney for personal care with authority to act in the proceeding but there is an attorney under a power of attorney with authority to act in the proceeding, leave a copy of the Claim with them. (R.8.02(j)(ii)) if there is neither a guardian nor an attorney with authority to act in the proceeding, by leaving a copy of the document bearing the person’s name and address with the Public Guardian and Today’s Paralegal Page 16 of 20 Trustee and leaving an additional copy with the person. (R.8.02(j)(iii)) Municipality If serving a municipal corporation, leave a copy of the Claim with the chair, mayor, warden or reeve, clerk, deputy clerk or lawyer for the municipality. (R.8.02(b)) Board or Commission Service on a member or officer of the Board/Commission on the Claim. R.8.02(d)) Absentee Leave a copy with the absentee’s committee if one has been appointed. If not, leave Claim with the Public Guardian and Trustee’s office. (R.802(h)) For Motions without notice and Motions in writing, rarely will it have to be served on the other party (unless service is Court ordered). For a Motion with notice, the following methods are accepted for service: Regular mail Registered mail Courier Fax Hand-delivered Leaving a copy with the other party’s lawyer or paralegal, only if they endorse and date the document accepting service. Leaving a copy in a sealed envelope at the place of residence with an individual who appears to be over 18 and then mailing a copy on the same or the following day to the place of residence. Defence (shall be served then filed with an Affidavit of Service no more than 20 days after receipt of the Plaintiff’s Claim) Depending on the jurisdiction, you may have to perfect the Motion and file an Affidavit of Service. Some jurisdictions will just require an Affidavit of Service. Service of a Defence, regardless of who the Plaintiff is, can be done in the following ways: Regular mail Registered mail Courier Fax Hand-delivered Leaving a copy with the other party’s lawyer or paralegal, only if they endorse and date the document accepting service. Leaving a copy in a sealed envelope at the place of residence with an individual who appears to be over 18 and then mailing a copy on the same or the following day to the place of residence. Settlement Conference Notice of Settlement Conferences are served by the Court. The Defence and the Affidavit of Service should be filed with the Court immediately as to protect the rights of the client. Default Judgment Default Judgments are served by the Court. Motion There are, in general, three types of Motions: Motion with notice, Motion without notice, Motion in writing. Notice of Examination Notice of Examination can be served according to Rule 8.01, 8.02, or 8.03. This includes: Personal service directly to the individual named in the Examination Leaving a copy in a sealed envelope at the place of residence with an individual who appears to be over 18 and then mailing a copy on the same or the following day to the place of residence. Leaving a copy with the other party’s lawyer or paralegal, only if they endorse and date the document accepting service. Summons to Witness A Summons to Witness and the attendance money should be served directly to the individual who is on the Summons. This must be served 10 days before the trial. Service of the Summons must also be made on all other parties, so they are made aware. An affidavit of service should be sworn and filed indicating all parties have been served. Today’s Paralegal Page 17 of 20 Notice of Garnishment The Garnishee should be served with the Notice of Garnishment and the Garnishee’s Statement. The garnishee can be served in the following methods: Regular mail Registered mail Courier Fax Hand-delivered Leaving a copy with the other party’s lawyer or paralegal, only if they endorse and date the document accepting service. Leaving a copy in a sealed envelope at the place of residence with an individual who appears to be over 18 and then mailing a copy on the same or the following day to the place of residence. The Debtor should be served with both the Notice of Garnishment and an Affidavit for Enforcement. The debtor can be served in the following methods: Regular mail Registered mail Courier Fax Hand-delivered Leaving a copy with the other party’s lawyer or paralegal, only if they endorse and date the document accepting service. Leaving a copy in a sealed envelope at the place of residence with an individual who appears to be over 18 and then mailing a copy on the same or the following day to the place of residence. Garnishment Hearing If the situation arises, you can serve the debtor and the garnishee(s) by the following methods: Regular mail Registered mail Courier Fax Hand-delivered Leaving a copy with the other party’s lawyer or paralegal, only if they endorse and date the document accepting service. Leaving a copy in a sealed envelope at the place of residence with an individual who appears to be over 18 and then mailing a copy on the same or the following day to the place of residence. Trial Notice of Trial is served by the Court. Please note this is intended to help paralegals with the service of documents. It is not intended to be legal advice of any kind. All parties who read this should be aware of limitation periods to get documents filed. Always check with the Court or the Rules of Small Claims Court if you are unsure. Lockwood Paralegal Firm 3-105 West Beaver Creek Road, Richmond Hill, ON L4B 1C6 [email protected] - 905-597-4788 HOME Today’s Paralegal Page 18 of 20 Regional Community Events Niagara Falls, Ontario (Link to Niagara Falls, Ontario Events Calendar) Mesdames of Mayhem Monday, March 30, 2015 2:00 PM to 4:00 PM Niagara Falls Public Library - Victoria Ave. branch 4848 Victoria Avenue Join us for an afternoon of tea and a good mystery. The Mesdames of Mayhem will read from their collected work, 'Thirteen'. The Mesdames are a collective of Ontario-based crime writers. Free event registration is required. Prom Project Niagara Saturday, April 11, 2015 9:30 AM to 1:30 PM Fort Erie SS, Beamsville SS, and Thorold SS Prom Project Niagara is a one day fun free formal wear extravaganza for girls and guys! Students can select their perfect head-to-toe look for their prom, formal, or graduation for FREE! No registration necessary. Prom Project Niagara website link London, Ontario (Link to London, Ontario Events Calendar) Holi- Festival of Colours Rain or Shine. ADMISSION is FREE Come heck out the ancient Indian Festival of Colours – HOLI at Victoria Park, in downtown London. An explosion or riot of colours, love, energy awaits attendees of this festival, this year too. Everyone is welcome to come and join in the celebrations that mark the advent of spring, its colours, and celebration of unity in diversity. April 11, 2015 Location: Victoria Park 509 Clarence Street London ON N6A 3N1 1:00 PM - 4:00 PM Email us Hunt For Heart The Heart and Stroke Foundation is looking for teams to join the 3rd Annual Hunt for Heart Fitness Challenge on April 18, 2015 from 9:30am until 2pm. Teams of 5 will race through downtown London following clues to different fitness locations, and perform various fitness and wellness activities. ….The cost per team member is a minimum of $25, but each team member is free to fundraise more, and have a chance to earn prizes. April 18, 2015 Location: Downtown London Starts at 633 Colborne Street London ON TIME: 9:30 AM - 2:00 PM Aurora, Ontario Aurora Chamber Street Festival The Aurora Chamber Street Festival is a fun-filled family event for all ages with over 500 vendors, fantastic “Street Performers”, music, food galore and so much more. Date: June 7, 2015 Location: Yonge Street, Aurora TIME: 11 AM to 5 PM HOME Today’s Paralegal Page 19 of 20 Join OPA now and enjoy the following Membership Benefits: (See OPA website) 1. CPDs - 9 Free monthly CPD sessions, approximately up to 30 hours total, available in-person and via webinar. Education on all you will need to know to comply with rigorous Law Society competence requirements under Regulation. 2. Discounts on insurance, which include errors and omissions and health and benefits. 3. Discounts on professional legal software, books and textbooks. 4. Discounts on courier services from UPS Canada 5. Member's only social and networking eve 6. Opportunities to find mentors! 7. A unified and proven, effective and strong voice to advocate for you directly to the LSUC and Government. 8. Member's only information and web pages. Paralegal Professional Insurance Package Program After a year of negotiations, the Ontario Paralegal Association is proud to announce a strategic partnership with Sterling Capital and Integro Insurance Brokers who have collaborated to create a unique and exclusive Paralegal Professional Insurance Package to meet the needs of Paralegals at every stage of their career. The Program offers Professional Liability Insurance (“E&O Insurance”) and Benefits insurance coverage at specialized rates based upon Membership in OPA. Legal Software Discounts – Esilaw and ULaw LAW UPS Courier Discount for Ontario Paralegal Association (OPA) members! Whether you are shipping locally or globally, UPS has the right solution for you and your business. OPA Members Save: 30% off small package shipments within Canada 30% off small package shipments to the U.S. 30% off small package shipments around the world Also included: 25% off small package imports into Canada 20% off brokerage entry preparation fees Weekly Service Charge (Automatic Daily Pickup) – 100% waiver UPS On-Call Pickup® service – 100% waiver Freight Collect 3rd Party Surcharge – 100% discount Carswell’s Exclusive Discount Offer for OPA Members Only OPA members will receive discounts based on single or bundle orders as follow: 15% discount on first title 20% discount if second (different) title is ordered 25% discount if three or more different titles ordered Flat rate of $10 for Shipping & Handling 25% discount off online research HOME Today’s Paralegal Page 20 of 20
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