Updated July 4

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OCA Photo: ctv.ca

OCA Photo: ctv.ca

Paralegal SCOPE Magazine is the only reliable source of news, features and information for licensed paralegals.

Use the navigation buttons, or the top-of-page menu, to find the content that is most relevant for you. The SEARCH function will help you find articles you may have missed. To get regular updates in your inbox, follow the SUBSCRIBE link in the right-hand top screen.
 

Featured Article

 

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When it comes to business arrangements, the options available for paralegals can seem either too numerous, or too limiting.

Paralegals can provide services through a sole proprietorship, a partnership or a professional corporation. Each structure poses its own benefits and challenges. There is no “one, perfect business type.” Much depends on the resources, personality and style of the paralegal.

Here are some suggestions to help paralegals decide which best suits their situation. You may want to consider consulting a professional about the business structure options.

Read the full article…

Must-Reads

 

Photo: Vimeo.com

Photo: Vimeo.com

The New Brunswick Law Society (LSNB) has voted to accredit a controversial law school proposed in B.C.

The New Brunswick lawyers voted 14 to 5 on Friday to accredit graduates of Trinity Western University (TWU)’s proposed law school to practice in the province. LSNB received 96 written submissions for its June 27 meeting.

“The council always will recognize both religious freedoms and the right to sexual orientation without discrimination,” John Malone, LSNB president, said after the decision. “No matter which law school they graduate from, all articled students complete Law Society training and evaluation. This includes the core aspects of professional responsibility, including non-discrimination.”

Read the full article…


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Can you put a price on hurt feelings, loss of dignity and humiliation?

New SCOPE contributor Patrick Kelly outlines the way “intangible loss” is calculated at the Ontario Human Rights Tribunal, using McDonald v. Mid-Huron Roofing as a reference.

The art of quantifying intangible losses at the Human Rights Tribunal of Ontario (HRTO) can be confusing and appear futile. How much value can one reasonably put on loss of self-respect, dignity and confidence? Adjudicator Judith Keene brought some clarity to this issue in McDonald v. Mid-Huron Roofing, 2009 HRTO 1306 (CanLII).

The applicant, Harry McDonald, was hired by Mid-Huron Roofing in May, 2008 and subsequently dismissed in October, 2008.

Read the full article…


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Faced with a potential legal issue, more and more Ontarians are hearing: “Call a paralegal.” But what is a paralegal?

Paralegals are the newest members of Ontario’s legal services community.

Ontario’s 6,000 or so paralegals are licensed and regulated by the Law Society of Upper Canada (LSUC) – the same organization that regulates lawyers on behalf of the public. Five paralegals sit on the “board of governors” of the LSUC. The Law Society has regulated paralegals since 2008. The Law Society oversees paralegals and lawyers, to ensure they provide competent services to the public.

Ontario paralegals are licensed to provide a limited range of legal services. You will find paralegals working in courthouses and courtrooms, at government offices, in lawyers’ offices, in legal clinics – and independently representing clients in court and at hundreds of tribunals in Ontario.

Paralegals are true advocates. Paralegals represent clients who need help with legal issues and offer advice on dealing with legal matters that are within the “paralegal scope of practice.” Paralegal fees are generally below those of lawyers who practise law in these same areas.

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News From Practice Areas

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Thinking Outside the ‘Big Four’ Practice areas… Hundreds of tribunals are within the scope of practice. Discover these hidden niche practice areas and learn what it takes to provide competent representation before these agencies, boards and tribunals. Here are three such underserved areas:

 

Coroners’ Inquests – Established Under Provincial Legislation

    Gain an understanding of the coroners inquest process by attending an inquest. These tribunal-related inquiries are open to the public and take place in venues across the province.

    See the links below to learn more about the processes and procedures related to this unique potential practice area.

Read the full article…


Appeal Tribunals Established Under Provincial Legislation

    A recent appeal heard at the Agriculture, Food and Rural Affairs Appeal tribunal demonstrates the powers these appeals panels hold.

    Tobacco farmer Matthew Sobczyk had appealed the Ontario Flue-Cured Tobacco Growers’ Marketing Boards decision to deny his 2014 application for a licence to produce tobacco, and retain the proceeds from the sale of seized tobacco.

Read the full article…


Occupational Health & Safety Matters

    Forklifts, saws, a heater and falling concrete are among the ways workers have been hurt in recent workplace-injury matters before the courts.

    These charges are laid under provincial legislation and prosecuted under the Provincial Offences Act, meaning they fall squarely within the paralegal scope of practice. Learn more about this underserviced area, by reviewing recent cases.

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Ontario’s 2015 Rent Increase Guideline Set at 1.6 Per Cent

The Ministry of Municipal Affairs and Housing has announced the 2015 rent increase cap: 1.6%. The cap will apply to about 85% of private residential units in Ontario. Also known as the rent increase guideline, this is the maximum a landlord can raise a tenant’s rent without the approval of the Landlord and Tenant Board. It applies to rent increases between Jan. 1 and Dec. 31, 2015.

The guideline is based on the Ontario Consumer Price Index, a measure of inflation calculated monthly by Statistics Canada. It is calculated under the Residential Tenancies Act, 2006, which caps rental increases at a maximum of 2.5 per cent.


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