Carefully curated for paralegals, these articles have been chosen for their relevance to the paralegal scope of practice. News briefs are provided without charge by your only source of unbiased paralegal news and information. No fluff. No hidden advertorial. Just real news.
- Maison Canada Holdings Ltd. fined $120,000; young worker killed while working on a high-rise student housing project in Waterloo
- Loblaws demands workers pay back thousands after payment error, may need to recover “overpayments” in court
- Florida Uber driver is an employee, not a contractor, court finds
- June 19 was the last day for Ontario employers to provide employees who are covered by the Employment Standards Act, 2000 with a copy of an Employment Standards poster
- Ontario has launched public consultations on the changing nature of the modern workplace. The consultations will consider amending the Labour Relations Act, 1995 and Employment Standards Act, 2000
- Standardizing carding practices: Ontario proposes rules to govern police “street checks,” including the rights of people being asked to provide information
- Targeting turbans: Group asking for changes to new airport security “racial profiling” procedures
- Are you at risk from ransomware?
- Ontario’s 2016 rent increase guideline has been set at 2.0 per cent. This applies to most private residential rental accommodation covered by the Residential Tenancies Act, 2006
- Hamilton councillor proposes landlord registry, says too many ‘rogue’ landlords abusing N12 personal-use process
- Canada’s first ‘Homeless Charter of Rights’ unveiled, in Calgary
- Handy reference: Human Rights in Housing brochure for Ontario landlords
- Forensic evidence entered during hearing for hunters charged with smuggling sheep between provinces
- Email requests for easy debt collection? Better think twice! Red flags of fraud flying high recently
- LSUC provides more details on the August paralegal licensing exam, including sample questions related to both substantive law and ethics/practice management
- Tutors needed for new licensing exam
You have probably heard the rumours. The August Paralegal Licensing Examination will be impossibly difficult. The exam will be ridiculously easy. The exam location keeps changing. The exam will take two days. The exam is full of “trick questions” written by mean-spirited lawyers.
Such rumours flourish before each session of the licensing exam, one of the last steps in the licensing process developed by the Law Society of Upper Canada (LSUC). Rumours seem particularly rampant this year, as the exam has been updated to reflect substantive law competencies, in addition to ethics and practice management knowledge.
It may be tempting to count on social media for “inside advice” about the new exam, but candidates can rely on facts available from the Law Society and from their paralegal program co-ordinators. Experienced educators and mentors suggest that basing decisions on what someone else heard, or read on social media, will only add unnecessary anxiety.
The LSUC licensing exam page has plenty of facts available about the exam, including:
Paralegal practice is guided primarily by provincial legislation, covering everything from rules of the court, to defining elements of offences, and how traffic tickets are prosecuted.
Several pieces of Ontario legislation have been introduced or passed in the past few months which, if enacted, would affect large areas of practice. This includes condo law, Ontario immigration, cash stores and the Highway Traffic Act:
Paralegal Scope is among the contributors chosen to add content to CanLII Connects. CanLII content related to paralegal scope of practice includes these recent additions:
- Reminiscent of pre-licensing paralegal days: Alberta provincial court justice denies an agent the right to represent a client on a summary conviction case, due in part to an extensive criminal record he had kept quiet. R .v. Hansen, 2015 ABPC 118 (CanLII)
- Criminality and the Immigration Appeal Division” – Nguyen-Tran v Canada, 2010 FC 93
- Would a “reasonably prudent” condo board director rent units to “multiple, unrelated, transient tenants,” in violation of the condo rules? Ottawa Superior Court says no – Ballingall v Carleton Condominium Corporation No. 111, 2015 ONSC 2484 (CanLII)
- Reminder about rules around representatives as witnesses: LTB Rule of Practice 32. The paralegal, who is also a real estate agent, may not act as both witness and advocate for the landlord
- How not to respond to job applicants: Commentary on
Bouraoui v. Ottawa Valley Cleaning and Restoration, 2014 HRTO 1303 (CanLII)
- Power imbalance and the “consensual” workplace romance – Dillon v Melanson, 2015 SKQB 18
- Demotion due to disability created serious erosion of working relationship – Commentary on Ciszkowski v. Canac Kitchens, 2015 ONSC 73 (CanLII)
- Occupational Health & Safety – Court finds employer need only take “reasonable” precautions; strict liability offence – R. v. ABS Machining Inc., 2015 ONCJ 213 (CanLII)
- Paid to stay home: constructive dismissal or dream come true? Supreme Court’s New Brunswick Legal Aid decision commentary
- Misbehaviour, not family status discrimination, led to termination, HRTO finds – Rowley v. 1145678 Ontario Limited, 2015 HRTO 776 (CanLII)
- Full and final release – a “paper shield” for employers and worth the effort – Hostick v. Great West Life Assurance Company, 2014 HRTO 1207 (CanLII)
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Paralegal Kristin Bisbee summarizes a recent case that highlights the risks of ignoring the terms of a tribunal settlement. How much accommodation is enough, and what can an Applicant do if an employer breaches the terms?
As an employer, you’ve received an Application to the Human Rights Tribunal of Ontario (HRTO) and you are now at the Mediation stage. You bring your best “good faith” game and enter into a settlement where you believe you have compromised quite a bit, but you believe it’s enough to put this all behind you. Who is going to hold you to that settlement, anyway?
In a recent case from the HRTO – Currie v. Ontario (Children and Youth Services), 2015 HRTO 478 (CanLII) — the employer was found to have breached its undertakings within the Settlement and they paid heavily for it.