Paralegal Services

Author: Marwah Law |

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Marwah Law welcomes its newest addition to the team, Shadenn Almadani. Shadenn is a licensed paralegal and will be providing legal services in the following areas of law:

  • Small Claims Court
  • Provincial Offences
  • Landlord and Tenant
  • Human Rights

Below is a breakdown of duties, and answers to some of the most frequently asked questions about working with paralegals.

Paralegals

What is a Paralegal?

How can a Paralegal help?

  • Paralegals can provide legal services to help in various areas of law within their scope of practice.

What is the scope of practice of a Paralegal?

  • The scope of practice is the area of law that is permitted for a paralegal to practice as outlined by the Law Society of Ontario in By-Law 4.
  • Paralegal can provide legal services in the following areas:  
    1. Give a party advice on his, her or its legal interests, rights or responsibilities with respect to a proceeding or the subject matter of a proceeding.  
    2. Represent a party before,
      • in the case of a proceeding in the Small Claims Court, before the Small Claims Court,
      • in the case of a proceeding under the Provincial Offences Act, before the Ontario Court of Justice,
      • in the case of a proceeding under the Criminal Code, before a summary conviction court,
      • in the case of a proceeding before a tribunal established under an Act of the Legislature of Ontario or under an Act of Parliament, before the tribunal, and
      • in the case of a proceeding before a person dealing with a claim or a matter related to a claim, before the person.
    3. Anything mentioned in subsection 1 (7) of the Act, provided the activity is required by the rules of procedure governing a proceeding.  
    4. Select, draft, complete or revise, or assist in the selection, drafting, completion or revision of, a document for use in a proceeding.  
    5. Negotiate a party’s legal interests, rights or responsibilities with respect to a proceeding or the subject matter of a proceeding.  
    6. Select, draft, complete or revise, or assist in the selection, drafting, completion or revision of, a document that affects a party’s legal interests, rights or responsibilities with respect to a proceeding or the subject matter of a proceeding. Citation: Law Society of Ontario, By-Law 4, s 6(2)

How can I check if my Paralegal is licensed?

Small Claims Court

What is Small Claims Court?

  • Small Claims Court is a branch of the Superior Court of Justice.
  • It hears civil claims in Ontario.

Is there a monetary limit for the Small Claims Court?

  • Yes! The monetary limit is $35,000.

What can I sue for in the Small Claims Court?

  • You can sue for money owed or damages.
    • Examples of money owed are: unpaid loans, unpaid rent
    • Examples of damages are: property damage, personal injuries, breach of contract

Provincial Offences

What are Provincial Offences?

  • Provincial offences are offences that are prosecuted using the procedures set out in the Provincial offences Act.
  • Examples: offences under the Highway Traffic Act, Environmental Protection Act, Occupational Health and Safety Act, Dog Owners’ Liability Act, and the Trespass to Property Act.

What are the most common charges under provincial offences?

  • Traffic violations under the Highway Traffic Act

What are some examples of offences under the Highway Traffic Act?

  • Speeding
  • Improper turn
  • Careless driving

Tribunals

What are tribunals?

  • A type of agency that decides disputes that is not a court.
  • Tribunals play an essential role in the justice system

Will my case be heard in Court or a Tribunal?

  • This will depend on your case and what area of law if falls under.

I was told my case will be heard in a Tribunal, what does that mean?

  • Tribunals are more cost effective, less formal, and faster
  • You may have one decision maker or a panel of decision makers

Can a Paralegal represent me at a tribunal hearing?

  • Yes!

Examples of Tribunals are as follows:

  • Landlord and Tenant Board
  • Human Rights Tribunal of Ontario
  • Licence Appeal Tribunal
  • Social Benefits Tribunal
  • Ontario Land Tribunal
  • Immigration and Refugee Board of Canada


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