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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 05-26-2017, 09:22 PM
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Join Date: Feb 2016
Posts: 1,681
trinton has a little shameless behaviour in the past
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Quote:
Originally Posted by arabian View Post
Paralegals don't go into a courtroom and go head-to-head with opposing counsel
What do paralegals do in small claims courts then ?



Straight from the Law Society of Upper Canada Website: Paralegal Licensing Frequently Asked Questions | The Law Society of Upper Canada

Quote:
The regulatory scheme set out in the Law Society's By-Law 4 permits paralegals to practise in what were already permitted areas of practice. Subsection 6 (2) authorizes licensed paralegals to represent someone:
  • in Small Claims Court
  • in the Ontario Court of Justice under the Provincial Offences Act
  • on summary conviction offences where the maximum penalty does not exceed six months' imprisonment and /or a $5,000 fine
  • before administrative tribunals, including the Financial Services Commission of Ontario.

Quote:
Originally Posted by arabian View Post
Paralegals don't negotiate settlements between two parties.
The Law Society of Upper Canada says they do:

Quote:
A person with a paralegal licence can do the following in the course of representing a client in any of the above-mentioned proceedings:
  • give legal advice concerning legal interests, rights or responsibilities with respect to a proceeding or the subject matter of a proceeding
  • draft or assist with drafting documents for use in a proceeding
  • negotiate on behalf of a person who is a party to a proceeding
Quote:
Originally Posted by arabian View Post
Actually, formally studying law at a university does indeed make you "smarter" in that field IMO. Take a look at the course content.
Let's compare to another profession, i.e., I.T. A recent graduate in Computer Science isn't any smarter than someone with no degree in Computer Science but years of experience and certificates just because of the "course content". Matter of fact, I'm learning more "on the job" then I learned in any of my courses in school.


Quote:
Originally Posted by arabian View Post
Sorry if my post was vague.
Your post was very clear.

Quote:
Originally Posted by arabian View Post
Why have you retained a lawyer if you don't endorse their education and experience? Why haven't you merely hired a paralegal?
I endorse my lawyer's education and experience. I didn't hire a paralegal because

Quote:
Paralegals are not permitted to appear in Family Court and may not provide legal services that only a lawyer may provide, such as drafting wills or handling real estate transactions or estates.
If I came across a paralegal as cordial, pleasant, experienced and knowledgeable as my lawyer with the same level of reputation but with a 3rd of the price, I would do so in a heartbeat.

PS. Paralegals were not allowed to provide legal services related to immigration law but that changed.

Quote:
Bill C-35, An Act to Amend the Immigration and Refugee Protection Act came into force on June 30, 2011 and paralegals who are licensed by the Law Society are now eligible to provide certain legal services in the field of immigration law. Paralegals who are licensed by the Law Society can appear before the Immigration and Refugee Board (IRB) to represent a client or clients in an IRB hearing, and can provide legal services to clients for matters relating to an IRB hearing. Drafting of documents or other legal services practices that are not related to an IRB hearing remain outside of a Paralegal’s scope of practice. For additional information, paralegals are encouraged to consult the Law Society’s By-Law 4, section 6 (2)2(iv) on this matter.
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