Paralegal Karen Fair summarizes Doerr v Paralegal, in which a plaintiff sued the paralegal she hired to sue another paralegal.
In his Doerr v. Sterling Paralegal, 2014 ONSC 2335 (CanLII) decision, Deputy Judge Glenn C. Walker found that a paralegal did not breach his duty of care and did not use duress in having his client sign Minutes of Settlement.
~ Deputy Judge Walker
In her evidence, the plaintiff stated that she had made it clear to the defendant that she would not settle for anything less than $10,000. She alleged that she signed the Minutes of Settlement under duress because she believed that she did not have another option. However, the plaintiff admitted that she did not find the defendant physically threatening nor did she contact the police, seek independent legal advice regarding the signed Minutes or bring a motion to set aside the April 21 endorsement. Further, the plaintiff thanked the defendant for representing her in the Frauts Action several times.
Carefully chosen for relevance to the paralegal profession, these articles are selected from reliable sources. Click on the tags, or type in the Search box at the top-right, to access more SCOPE articles and links to resources on topics that are important to you.
- Getting rid of the CPD requirement – UK Solicitors phasing-out mandatory professional development
- At least 17 of 40 lawyer benchers will be elected, from nearly 100 candidates. Some overtly paralegal-friendly names are in the preliminary list
- Citing “outside financial pressures,” insurance lobby group calls for greater oversight of personal injury lawyers’ fee structures
- Workplace bullying is a serious problem in Canadian workplaces
- Marmora Freezing Corporation, a Toronto company that packages foods for shipment, fined $150,000; worker was killed during a night shift
- Appeal could bring end to judges’ dismissing victim surcharge
- Province shuts down 14 campuses of troubled Everest College. The private career college had been for sale since last year.
- Employer’s presentation “offensive but not illegal”
- Anixter Canada Inc. fined $50,000 after worker injured
- E-cigarettes debate heats up, as Bill’s constitutionality questioned
- As Ontario prepares to review Employment Standards and Labour Relations Acts to protect people in precarious work, the government plans public consultations to address the changing workplace
CanLII Connects makes it faster and easier for legal professionals and the public to access high-quality legal commentary on Canadian court decisions. See Scope’s Publisher Page. Here are some recent cases of direct interest and use to paralegals in Ontario:
- “No longer any security of employment under the Canada Labour Code” – Wilson v. Atomic Energy of Canada Limited, 2015 FCA 17 (CanLII)
- Federal Court overturns government Citizenship niqab ban – Ishaq v Canada 2015 FC 156
- ONCA finds it’s OK to review expert report drafts
- R. v. Oakes,  1 SCR 103, 1986 CanLII 46 (SCC) – This Charter-challenge classic is among the most-viewed cases at CanLII
- Is privacy legislation exhaustive, precluding a civil claim for intrusion upon seclusion? Ontario Court of Appeal says no – Hopkins v. Kay, 2015 ONCA 112
- Video evidence – introduction, disclosure, Browne v. Dunn considered – Iannarella v. Corbett, 2015 ONCA 110
- Correctness Standard applied to Condominium Act arbitration
- Should a suspended licensee be permitted to represent a family member in court? Ontario Court of Justice said no
- Lloyd v. Napanee (Town), 2015 ONSC 761 – A winter maintenance risk case turns on shifted onus and failed evidentiary burden
- Message does not become privileged merely by sending a copy of it to a licensee
- Employer’s ‘Systemic Wrongdoing’ = Greater Punitive Damage Award”
- Landlord entitled to reduced rent; tenants entitled to heat and maintenance: Adjudicator NOL-17922-14 (Re), 2015 CanLII 2796 (ON LTB)
- Salasel v. Cuthbertson, 2015 ONCA 115 (CanLII) – Absolute privilege applies outside defamation actions; substitute decision-maker had filed claim against physicians
- Royal succession could be heading to SCC: ONCA disallows challenge to no-Catholic monarch laws
- All the way to Woodstock – N.W.T. self-rep wins in generator case; Deputy Judge clarifies that orders are not ex juris mandatory injunctions, but rather, necessary for justice
Convocation operates as a board of governors for the legal profession. Convocation sets policy and determines other matters related to the governance of Ontario’s lawyers and paralegals. Here are highlights from recent monthly Convocation meetings, with information particularly relevant for paralegals.
Paralegal and instructor Reena Basser reviews “Tort Law: Cases and Materials” – Ernest Weinrib, Emond Montgomery Publications, 2003. It examines the philosophy and history behind legal torts that affect paralegals in civil law matters.
Am I actually reviewing a textbook about tort law? Yes! We paralegals deal with torts in practice through negligence and emotional distress. This book explores theory and expression. This is refreshing and will give you perspective the next time you approach a case in torts.
Weinrib is a professor at the University of Toronto Law School and writes extensively on the subject of tort law. This textbook is divided into the major categories of tort, and includes the leading cases on the subjects: Nuisance, Remedies, Negligence, Duty and Remoteness, Cause in Fact, Defences, Intentional Torts and informed consent, Nonfeasance, and Strict Liability.