Ontario Paralegal Licensing key terms

The Law Society of Ontario's binding rules governing licensed paralegals, covering integrity, competence, confidentiality, conflicts, fees, and duties owed to clients, tribunals and the administration of justice.

A situation where a paralegal's own interests, or the interests of another client or former client, create a substantial risk that the paralegal's loyalty or judgment on behalf of a client will be compromised.

The duty to keep information learned in the professional relationship private and not disclose it without the client's informed consent, subject to limited exceptions such as preventing serious harm or where the law requires disclosure.

A rule of evidence and a client's right protecting confidential communications between a client and a legal representative made to obtain legal advice, so they cannot be compelled to be disclosed.

A paralegal's obligation to be honest and frank with the tribunal, not to mislead the court or opposing parties, and to correct any misleading statement or error promptly, even if it harms the client's case.

A separate bank account where a paralegal deposits client money, such as advances for fees, disbursements or settlement funds, holding it in trust and accounting for it strictly under Law Society rules.

A personal, binding promise given by a paralegal to another person, often during litigation, which must be honoured strictly and may be enforced professionally or through the courts if broken.

The physical or external element of an offence: the prohibited conduct, circumstances or consequences that the Crown must prove beyond a reasonable doubt, usually alongside a guilty state of mind.

The mental element of an offence, such as intention, knowledge, recklessness or negligence, which the Crown must prove to establish guilt unless the offence imposes strict or absolute liability.

The high standard the Crown must meet in a criminal or penal case; it is not proof to an absolute certainty but requires the trier of fact to have no reasonable doubt about guilt.

The Crown's constitutional obligation to give the accused, before trial, all relevant information in its possession, whether helpful or harmful, so the accused can make full answer and defence.

Bail: a court's decision, usually under the Criminal Code, to release an accused from custody while awaiting trial or sentencing, sometimes with conditions, a surety or a money deposit.

An offence the Crown may prosecute either by indictment or by summary conviction, allowing the Crown to choose the procedure and, within statutory limits, the maximum penalty that applies.

The charging document used for most minor provincial offences in Ontario, such as traffic tickets; it records the alleged offence and is served on the defendant, who may dispute it in court.

The document that starts a Small Claims Court action, setting out the plaintiff's facts, the amount claimed and the remedy sought; the court issues it and it is served on the defendant.

A claim brought by the defendant against the plaintiff within the same proceeding, filed with the defence and served on the plaintiff, so that both disputes are decided together.

A judgment granted in favour of the plaintiff because the defendant failed to file a defence or appear within the required time, without a full hearing on the merits.

A court-ordered meeting before a judge or deputy judge where the parties and their representatives discuss settlement, narrow the issues and plan the remaining steps in a Small Claims Court action.

The time limit fixed by statute, generally two years in Ontario running from discovery of a claim, within which a party must start a proceeding or lose the right to sue.

An enforcement procedure in which the court orders a third party, such as an employer or bank owing money to a judgment debtor, to pay the judgment creditor directly.

The duty of a statutory decision-maker to act fairly: giving notice of the case, allowing a meaningful opportunity to respond, and deciding without bias, with reasons where appropriate.

Latin for 'hear the other side': the fairness rule that a person affected by a decision must be told of the case against them and given a real chance to answer before the decision is made.

The test for bias: whether a reasonable, informed observer, viewing the matter realistically, would think it more likely than not that the decision-maker was not impartial; no proof of actual bias is required.

The degree of deference a reviewing court gives to an administrative decision; in Canada it is generally reasonableness, asking whether the decision is justified, transparent and intelligible.

A superior court's supervisory power to examine a statutory tribunal's decision for lack of jurisdiction, procedural unfairness or unreasonableness, and to set it aside or send it back for reconsideration.

A prerogative remedy by which a superior court quashes or sets aside a decision of an inferior tribunal or statutory decision-maker, typically because of jurisdictional error, unfairness or unreasonableness.

The primary legal test for decisions about a child, requiring the court to weigh factors such as each child's needs, views, relationships with caregivers, and any family violence.

Under the federal Divorce Act, the authority to make significant decisions about a child's life, such as health, education and religion; it replaced the term 'custody' and may be shared or divided.

The time a parent spends with a child and the schedule for it, formerly called access; it must be allocated according to the best interests of the child.

Regulations under the Divorce Act that set child support amounts based on the payor's income, the number of children and the province, plus a share of special or extraordinary expenses.

The Ontario Family Law Act process comparing each spouse's net worth at separation with net worth at marriage, where the spouse with the greater growth pays half the difference, subject to excluded property.

The property a married couple ordinarily occupies as their residence; Ontario law gives it special treatment, including no automatic deduction of its value and limits on disposing of it without the other spouse's consent.

Ontario's statute setting minimum workplace standards, including minimum wage, hours of work, overtime, public holidays, vacation, leaves, and notice and severance pay on termination.

A common law claim by an employee whose employment was terminated without reasonable notice or pay in lieu, and without just cause, seeking damages for the inadequate notice.

A situation where the employer makes a substantial, unilateral change to a fundamental term of employment, forcing the employee to resign and treat the employment relationship as terminated.

A serious employee breach, such as dishonesty, insubordination or persistent misconduct, that justifies termination without notice or pay in lieu; the employer bears a heavy burden of proof.

The common law period of notice, or pay in lieu, an employer must give on termination without cause, determined by factors such as length of service, age, position and prospects of re-employment.

Under the Employment Standards Act, 2000, the minimum amount an employer owes when dismissing an employee without cause, calculated from length of service and provided as working notice or money.

A formal written complaint by a union, on behalf of an employee in the bargaining unit, that the employer breached the collective agreement; it is resolved through the grievance and arbitration process.