Ontario Paralegal Licensing flashcards

33 cards. Read the term and the definition here. The deck at the top of this page is optional.

Confidentiality duty

A paralegal must keep all client information secret indefinitely, even after the retainer ends, unless the client consents, disclosure is legally required, or an exception in the Rules applies.

Conflict of interest

A paralegal must not act for a client when a conflicting duty to another client, a former client, or the paralegal's own interest creates a substantial risk of material prejudice.

Contingency fee prohibition

Ontario paralegals may not charge contingency fees in criminal or family law matters; fees in other matters must still be fair and reasonable and disclosed in writing.

Trust account rules

Client funds must be held in a designated trust account separate from the paralegal's own money, with proper records, and any trust shortage must be reported to the Law Society.

Duty of candor

A paralegal must not knowingly mislead a court or tribunal, must correct any known misstatement, and must not hide adverse legal authority from the decision-maker.

Withdrawal from representation

A paralegal may withdraw only with reasonable notice, must avoid prejudicing the client, and generally needs leave of the court or tribunal if the matter is underway.

Hybrid offence

A Criminal Code offence for which the Crown chooses to proceed summarily or by indictment; the election determines procedure, maximum penalty, and court forum.

Stinchcombe disclosure

The Crown must give the defence all relevant, non-privileged material in its possession or control; the disclosure obligation is ongoing throughout the criminal case.

Section 10(b) right

On arrest or detention, a person must be told promptly of the right to retain counsel and be given a reasonable opportunity to consult counsel without delay.

Reverse onus bail

For certain offences, the accused bears the burden of showing why detention is not justified; otherwise the Crown must justify continued detention under s. 515.

Provincial offence dispute

Under Ontario's Provincial Offences Act, a defendant disputes a certificate of offence by filing a notice of intention to dispute within 15 days after service.

Summary conviction limitation

For a pure summary conviction offence, an information generally may not be laid more than six months after the offence unless the parties consent under Criminal Code s. 786(2).

Small Claims jurisdiction

Ontario's Small Claims Court can hear civil claims for money or property up to $35,000, exclusive of interest and costs, unless a statute excludes the claim.

Two-year limitation

Under Ontario's Limitations Act, 2002, a civil claim must generally be started within two years after the claim is discovered, with an ultimate 15-year limit.

Defence deadline

In Small Claims Court, a defendant served in Ontario normally has 20 days after service to file a Defence; missing the deadline can lead to default judgment.

Default judgment

If the defendant does not file a Defence within the allowed time, the plaintiff may ask the court for judgment without a trial, subject to proof of the amount.

Settlement conference

A pre-trial meeting in Small Claims Court where a judge or deputy judge helps the parties explore settlement and may make procedural orders to narrow the issues.

Garnishment

An enforcement remedy in which a judgment creditor asks the court to order a third party, such as a bank or employer, to pay money owed to the debtor to the creditor.

Procedural fairness

The duty to give notice of the case, disclose relevant material, allow a reasonable opportunity to respond, and have an impartial decision-maker; content varies with context.

Vavilov standard

The Supreme Court's 2019 decision makes reasonableness the presumptive standard of review for administrative decisions, with correctness for constitutional and certain central legal questions.

Judicial review

A court application challenging an administrative decision for jurisdictional error, procedural unfairness, or unreasonableness; in Ontario it is usually brought in the Divisional Court.

Statutory Powers Procedure Act

Ontario legislation that supplies default procedural rules for many tribunals, including notice, disclosure, representation, adjournments, and written reasons.

Reasonable apprehension of bias

A tribunal decision can be set aside if a reasonable person, viewing the matter realistically, would conclude that the decision-maker was not impartial.

Divorce ground

The Divorce Act permits divorce only for marriage breakdown, proved by one year's separation, adultery, or cruelty.

Equalization of net family property

On separation, the spouse with the higher net family property pays half the difference to the other, after exclusions and special treatment of the matrimonial home.

Child support guidelines

Federal Child Support Guidelines set monthly table amounts by payor income and number of children, plus a share of special or extraordinary expenses under section 7.

Matrimonial home possession

Both spouses have an equal right to possession of the matrimonial home regardless of title, and a court may grant exclusive possession to one spouse.

FRO enforcement

Ontario's Family Responsibility Office enforces support orders and agreements by garnishing income, seizing assets, suspending licences, and taking other collection steps.

ESA overtime rule

Ontario's Employment Standards Act requires 1.5 times the regular rate for hours over 44 in a work week, subject to exemptions and approved averaging agreements.

Bardal factors

The common-law test for reasonable notice considers age, length of service, character of employment, salary, and availability of similar work, among other factors.

Constructive dismissal

A fundamental breach by the employer, such as a large unilateral pay cut or demotion, lets the employee treat the contract as ended and claim damages.

Undue hardship

Under Ontario's Human Rights Code, an employer must accommodate a protected characteristic unless doing so would cause undue hardship, considering cost, safety, and operational needs.

ESA complaint deadline

An employee may file an Employment Standards Act complaint with Ontario's Ministry of Labour within two years of the contravention, seeking remedies such as unpaid wages.