Your Profession, Your News: SCOPE Aug. 19

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LSUC Injunction Shuts Down Website

An internet site has been shut down, its owner prohibited from providing legal services, after a Superior Court judge granted a request by the Law Society of Upper Canada (LSUC).

The Law Society had sought a permanent injunction prohibiting John Dzelme from practising law, from providing legal services, and from holding himself out as a person who may practice law or provide legal services in Ontario. It also asked a prohibition against Mr. Dzelme, from practising law and providing legal services through his website, winningcourtstrategies.com.

Superior Court Justice Frederick Myers issued the injunction Aug. 11, finding that Dzelme had contravened section 26.1 of the Law Society Act R.S.O. 1990, c.L.8. Court relied on Subsections 1(5), (6) and (7) of the Act for guidance on the meaning of the terms “legal services,” “provision of legal services” and “representation in a proceeding.”

“… by providing draft documents to clients for use in their legal proceedings and providing clients with advice and applicable law concerning steps in the proceedings, Mr. Dzelme is “representing” his clients in those proceeding.”
Justice Myers found that Dzelme prepared documents for use in clients’ family law proceedings, gave his views as to strategies to adopt, researched and explained case law. Dzelme’s clients signed contracts that acknowledged he was not a lawyer and could not provide legal advice.

Ministry of the Attorney General Updates

Five New OCJ Justices Named


Five new judges will start work Aug. 27 in the Ontario Court of Justice.

Justice Jill Miriam Copeland was called to the bar in 1995. Most recently, she was a partner at Sack Goldblatt Mitchell LLP. Prior to that, she served as executive legal officer at the Supreme Court of Canada, and legal counsel for the College of Physicians and Surgeons of Ontario.

She has also acted as pro bono duty counsel for self-represented individuals before the Ontario Court of Appeal for inmate appeals. Justice Copeland will preside in Brampton.

File Claims From Anywhere! E-Filing Project Demos

The province’s pilot project for e-filing small claims launched Aug. 11.

Paralegals who work in the four jurisdictions where the service is available can sign up for in-person training sessions. Each one-hour session includes an overview of the new small claims court e-filing service and a demonstration of the filing process, including the quick file and filing wizard methods.

Training Sessions:

OshawaRichmond HillOttawaBrampton
Sept. 8
Durham Courthouse
150 Bond St.
Second Floor Training Room
11:00am to 12:00pm
Sept. 11
Richmond Hill court filing office
Le Parc Office Tower, Suite 310
8500 Leslie St., Markham
11:00am to 12:00pm / 1:30pm to 2:30pm
Sept. 16
Ottawa Courthouse
Second Floor, Room 2042
161 Elgin St.
11:00am to 12:00pm
September 18, 2014
Brampton Courthouse
Media room, lower level
7755 Hurontario Street
11:00am to 12:00pm / 1:30pm to 2:30pm
    To register for a session, contact Despina Ikonomou, at:
    despina.Ikonomou@ontario.ca

Learn more about the pilot project, what types of claims qualify for electronic filing, and how to get started: E-Filing.

Scope of Practice Updates

‘Roving Punishment,’ Victim Surcharge Unconstitutional, Ottawa Judge Finds

Mandatory fine surcharges are unconstitutional, an Ottawa judge has ruled. Ontario Court Justice David Paciocco found that the surcharge amounted to “cruel and unusual punishment” in the case of an addicted homeless Inuit man whom he had convicted of nine summary offences related to three separate “nuisance” incidents.

Judge Paciocco wrote that under a “reasonable hypothetical,” the mandatory victim surcharge would represent a sentence “so grossly disproportionate that it would outrage the standards of decency.” He found that Section 737 prima facie violates Section 12 of the Charter, the violation is not saved by Section 1, and the legislation is of no force or effect.

‘Flexible Sentencing,’ Makes Victim Surcharge Constitutional, Ottawa Judge Finds

An Ottawa judge has ruled the contentious victim fine surcharge constitutional, just days after another judge in the same court found the Criminal Code section violates the Charter of Rights and Freedoms section against cruel and unusual punishment.

R. v. Javier, 2014 ONCJ 361 (CanLII) was released Aug. 6. Represented by duty counsel, the defendant asked the Ottawa Ontario Court of Justice last week to waive the mandatory victim surcharge under s. 737 of the Criminal Code.

Justice Robert Wadden found: “In my view, s. 737 of the Code is valid legislation and I am obliged to impose the victim surcharge.”


Weekly SCOPE Poll – Your Opinion Matters!

Tell Us What You REALLY Think – in the weekly SCOPE Poll

This week’s poll is about paralegal licensing as a solution to Access to Justice, ensuring the public has affordable, quality representation. Are paralegals part of the solution?

Legal Word of the Day: “Solicitor-Client Privilege”

“Solicitor-Client Privilege” — This privilege refers to the legal right of an individual to withhold information from an opposing party, a court, a tribunal, and investigators, including law enforcement officials.

Privilege applies to confidential communications. It exists any time a client seeks legal advice. This “class privilege” developed so that people could talk to a lawyer and know that what is said will not be revealed. It is a substantive law principle, designed to promote confidence in the administration of justice.

For the time being, solicitor-client privilege does not extend to paralegals, although a dispositive case has not been heard since paralegal licensing began.

Paralegal Resources & Information Sources

Practise Makes Perfect – Exam Prep Test

Just in time for the upcoming Paralegal Licensing Exams, a new online resource from a familiar name could help paralegal Candidates to feel more confident and prepared as they head into the examination room.

Emond Montgomery Publications, widely regarded as one of Canada’s leading academic law publishers, has developed a timed practise exam for paralegal Candidates. The 60 questions are designed to mimic the Ontario Paralegal Licensing Exam.

Reflecting the format and content of the Ontario Paralegal Licensing Exam, the online practise exam assesses a student’s knowledge of the Paralegal Rules of Professional Conduct, Paralegal Professional Conduct Guidelines, the Law Society Act and By-Laws, and the Bookkeeping Guide for Paralegals.

    Emond Montgomery Publications is a proud sponsor of Paralegal SCOPE Magazine.
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LSUC Webinars – Rules, Tools & Tips

A free live webinar and a recorded session are among the resources from the Law Society of Upper Canada (LSUC) of particular interest to paralegals.

Register soon for “The Amended Paralegal Rules of Conduct and the Paralegal Professional Conduct Guidelines.” Learn what you need to know about Rules changes coming into effect this October.

Learn more about LSUC webinars

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