Ontario Paralegal Licensing cheat sheet

Paralegals in Ontario are regulated under the Law Society Act and must comply with the Paralegal Rules of Conduct; breaches can lead to discipline by the Law Society of Ontario.

Confidentiality: a paralegal must keep client information confidential indefinitely after the retainer ends, subject to exceptions such as client consent, legal compulsion, or preventing serious harm.

Conflict of interest: a paralegal must not act where a conflicting duty to another client, former client, or personal interest creates a substantial risk of material prejudice; joint retainers require full disclosure and consent.

Fees must be fair and reasonable; a written retainer should state the basis of fees, disbursements, and billing; contingency fees are prohibited in criminal and family law matters.

Trust funds must be held in a designated trust account and kept separate from the paralegal's own funds; trust shortages must be reported to the Law Society.

Duty of candor: a paralegal must not mislead the court or tribunal, must correct known misstatements, and must not conceal adverse law.

Advertising must be accurate and not misleading; a paralegal may not claim certification or specialization unless authorized by the Law Society.

Withdrawal: a paralegal may withdraw only on reasonable notice and must avoid prejudicing the client; withdrawal requires leave of the tribunal if the matter is before a court or tribunal.

Harassment and discrimination: a paralegal must not engage in discriminatory or harassing conduct in practice or toward colleagues.

Criminal offences are in the Criminal Code; provincial offences are in Ontario statutes and prosecuted under the Provincial Offences Act (POA).

Hybrid offences: the Crown elects to proceed summarily or by indictment; the election affects procedure, available penalties, and the forum.

Charter s. 10(b): on detention, a person must be informed promptly of the right to retain counsel and given a reasonable opportunity to do so.

Crown disclosure: under R. v. Stinchcombe, the Crown must disclose all relevant, non-privileged material in its possession or control, and the duty is continuing.

Bail: s. 515 Criminal Code; release is presumed for many offences; reverse onus applies to specified offences; the court considers the ladder and sureties.

Provincial offence ticket: under the POA, a defendant may dispute a certificate of offence by filing a notice of intention to dispute within 15 days of service.

Sentencing: ss. 718–718.2 Criminal Code; a sentence must be proportionate, consider aggravating and mitigating factors, and totality; pre-trial custody credit is generally 1.5 days per day, capped by statute.

For a pure summary conviction offence, Criminal Code s. 786(2) bars an information laid more than six months after the offence unless the parties consent.

Paralegals commonly appear in the Ontario Court of Justice on summary conviction and provincial offence matters; more serious indictable matters generally require a lawyer.

Small Claims Court jurisdiction is up to $35,000, excluding interest and costs; claims above that limit may be abandoned or pursued in Superior Court.

Limitation period: a civil claim must generally be commenced within two years of discovery under the Limitations Act, 2002; the ultimate limit is 15 years.

Plaintiff's Claim (Form 7A) is issued by the court and served on the defendant; the defendant normally has 20 days after service to file a Defence (Form 9A).

Default judgment: if no defence is filed within the time allowed, the plaintiff may request default judgment; the court may require proof of the amount claimed.

Settlement conference: the court may order a settlement conference before trial; a judge or deputy judge explores settlement and may make procedural orders.

Costs in Small Claims are limited by the Rules (currently a $3,500 cap) and are awarded on a modest, reasonable basis.

Enforcement: a judgment creditor may use garnishment, a writ of seizure and sale, or an examination in aid of execution to collect a judgment.

Representation: parties may represent themselves or be represented by a licensed paralegal or lawyer; corporate representation is subject to the Small Claims Rules.

Procedural fairness requires notice of the case, disclosure of relevant information, a reasonable opportunity to respond, and an impartial decision-maker; content varies with context.

A tribunal's authority is limited to its enabling statute; it cannot exceed jurisdiction or exercise powers not granted.

Ontario's Statutory Powers Procedure Act (SPPA) sets default procedural rules for many tribunals: notice, disclosure, representation, adjournments, and written reasons.

Standard of review: under Vavilov, reasonableness is the presumptive standard; correctness applies to constitutional questions and certain legal questions of central importance.

Judicial review: the Divisional Court may review tribunal decisions under the Judicial Review Procedure Act; relief includes certiorari, prohibition, and mandamus.

Bias: a decision-maker must be independent and impartial; a reasonable apprehension of bias can disqualify a member or vitiate a decision.

Evidence: tribunals are generally not bound by strict evidence rules but must base findings on relevant, reliable evidence and the record.

Appeals vs review: a statutory appeal lies only where the statute provides; otherwise the remedy is judicial review.

Record: the tribunal must keep and produce the record of proceedings; the record is central on appeal or judicial review.

Ontario family law is governed by the Family Law Act (property, support, custody) and the federal Divorce Act (divorce, corollary relief).

Divorce: under the Divorce Act, the only ground is marriage breakdown, proved by one year's separation, adultery, or cruelty.

Equalization: on separation, each spouse's net family property is calculated; the spouse with the higher NFP pays half the difference, subject to exclusions and the matrimonial home rule.

Child support: the Federal Child Support Guidelines set table amounts based on payor income and number of children; special or extraordinary expenses are added under s. 7.

Spousal support: entitlement is based on need, compensation, or contract; the FLA s. 33 factors and the Spousal Support Advisory Guidelines guide amount and duration.

Matrimonial home: both spouses have an equal right to possession regardless of title; exclusive possession can be ordered under the FLA.

Limitation: an equalization claim must generally be brought within six years of separation or two years after divorce, whichever is earlier.

Paralegal scope: paralegals may provide family law services in the Ontario Court of Justice, but divorce and certain Superior Court family matters are outside their permitted scope.

Family Responsibility Office (FRO) enforces support orders and agreements; it can garnish wages, seize assets, and suspend licences.

Ontario Employment Standards Act, 2000 sets minimum standards for wages, overtime, vacation, public holidays, leaves, and termination notice/pay; contracts cannot undercut them.

Overtime: 1.5 times the regular rate after 44 hours in a work week, subject to exemptions and averaging agreements.

Termination notice under the ESA is based on length of service; it is in addition to vacation pay and is not the same as common-law reasonable notice.

Common-law wrongful dismissal: courts award reasonable notice based on Bardal factors (age, service, position, salary, re-employment prospects) unless just cause exists.

Human Rights Code: employers must accommodate employees' protected characteristics to the point of undue hardship and must not discriminate in hiring, terms, or termination.

Labour Relations Act, 1995 governs union certification, collective bargaining, and unfair labour practices; grievances are enforced through the collective agreement.

ESA claims: an employee may file a complaint with the Ministry of Labour within two years of the contravention; remedies can include unpaid wages and termination pay.

Workplace safety: the Occupational Health and Safety Act imposes duties on employers, supervisors, and workers; WSIA provides no-fault insurance for work injuries.

Constructive dismissal: a fundamental breach by the employer (e.g., unilateral pay cut or demotion) may entitle the employee to treat the contract as ended and claim damages.